75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to HB 2223
LC 1014/HB 2223-2
HOUSE AMENDMENTS TO
HOUSE BILL 2223
By COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND RURAL
COMMUNITIES
May 4
On page 1 of the printed bill, line 2, delete the second ' and'
and after 'ORS' insert '497.022,'.
In line 3, delete '497.158,'.
In line 4, delete '506.460,'.
In line 6, delete 'section 4,'.
In line 7, delete 'chapter 512, Oregon Laws 1989, section 19,
chapter 659, Oregon Laws 1993,'.
In line 8, before the period insert '; and appropriating
money'.
Delete lines 10 through 31 and delete pages 2 through 21 and
insert:
'
{ + FEES RELATED TO WILDLIFE + }
' { + SECTION 1. + } Section 1, chapter 461, Oregon Laws
2003, as amended by section 1, chapter 8, Oregon Laws 2007, is
amended to read:
' { + Sec. 1. + } Notwithstanding any other provision of the
wildlife laws, the State Department of Fish and Wildlife shall
create and implement a Southwest Oregon Landowner Preference
Pilot Program during the period beginning July 1, 2004, and
ending June 30, 2014, that:
' (1) Addresses damage caused by elk on privately owned lands
in Jackson, Josephine, Coos, Curry and Douglas Counties.
' (2) Provides landowner preference tags only for areas where
elk are currently causing damage, where there has been a history
of elk damage coupled with actions to alleviate elk damage or
where the department has designated the area as an elk deemphasis
area.
' (3) Limits the use of tags to taking antlerless elk.
' (4) Limits the use of tags to taking elk on property owned,
leased or rented by the landowner complaining of elk damage or on
property owned, leased or rented by a business entity that
includes the landowner as a principal partner or shareholder.
' (5) Allows exchange of unused general season elk tags or
controlled hunt elk tags for landowner preference tags.
' (6) Does not impose a limit on the number of total tags
available for each property, except that no more than five tags
may be valid at any one time on a particular property.
' (7) Does not impose a minimum acreage requirement for
landowner participation.
' (8) Allows landowners to register for participation in the
program at any time prior to the issuance of tags.
' { + (9) Establishes a $30 fee for landowners to register
for participation in the program.
' (10) Establishes a $15 fee for landowners to modify the
landowner's tag distribution. + }
' { - (9) - } { + (11) + } Authorizes department biologists
to sell and exchange tags.
' { - (10) - } { + (12) + } Authorizes department biologists
to establish the period of validity for tags through negotiation
with landowners.
' { - (11) - } { + (13) + } Requires landowners to record
the number of elk taken and, within 10 days after the end of a
designated hunt period, to report to the local department
biologist the number of elk taken.
' { + SECTION 2. + } Section 2, chapter 460, Oregon Laws
1995, as amended by section 1, chapter 227, Oregon Laws 2001, is
amended to read:
' { + Sec. 2. + } Notwithstanding any other provision of the
wildlife laws, during the period beginning January 1, 1996, and
ending January 2, { - 2010 - } { + 2025 + }, the following
provisions apply with regard to the issuance and use of landowner
preference tags referred to in ORS 496.146 (4):
' (1) Landowner preference tags shall be issued for the hunting
of deer, elk or antelope.
' (2) Landowner preference tags may be used only for hunting on
the landowner's property.
' (3) Landowner preference tags for the hunting of deer or elk
may be transferred to any person of the landowner's choosing and
shall be used for the taking of antlerless animals except as
authorized by subsection (6) of this section.
' (4) Landowner preference tags for the hunting of antelope are
not transferable and may not be used for the taking of buck
antelope.
' (5) Each landowner preference tag for the hunting of deer or
elk may be used to take two antlerless animals before, during or
after the hunting season for which the tags are valid for the
purpose of alleviating damage that is presently occurring to the
landowner's property, in accordance with such rules as the State
Fish and Wildlife Commission may adopt.
' (6) Landowner preference tags for the hunting of deer or elk
that are transferred to a person of the landowner's choosing who
is not a member of the landowner's immediate family may be used
to take an antlered animal only as follows:
' (a) If the landowner receives one preference tag, that tag
may not be so used.
' (b) If the landowner receives two, three or four preference
tags, one of those tags may be so used.
' (c) If the landowner receives five, six or seven preference
tags, two of those tags may be so used.
' (d) If the landowner receives eight, nine or 10 preference
tags, three of those tags may be so used.
' { + (7) Landowners must pay a $30 fee to register for
participation in the program.
' (8) Establishes a $15 fee for landowners to modify the
landowner's tag distribution. + }
' { + SECTION 3. + } ORS 497.022 is amended to read:
' 497.022. (1) The State Fish and Wildlife Commission may
appoint agents to issue any of the licenses, tags or permits the
commission is authorized by law to issue. The commission shall
prescribe the procedure for the issuance of such licenses, tags
and permits. Agents of the commission shall issue licenses, tags
and permits in accordance with the prescribed procedure and shall
charge and collect the fees prescribed by law therefor.
' (2) In addition to the fees prescribed by law for the
issuance of a license, tag or permit, the issuing agent shall
charge and collect $5 for each resident annual sportsperson's
license issued pursuant to ORS 497.132 (2)(a) and { - $1.50 - }
{ + $2 + } each for any other license, tag or permit. If the
agent is a county clerk, the agent shall deposit such additional
fees in the general fund of the county for which the agent is the
clerk. If the agent is an employee of the State Department of
Fish and Wildlife, the moneys shall be deposited in the State
Wildlife Fund. Agents other than county clerks or department
employees who issue licenses without the use of a state
computerized licensing system may retain such additional fees for
their license tag or permit issuance services. Agents other than
county clerks or department employees who issue licenses, tags or
permits using a state computerized licensing system may retain
such portion of the additional fees, but not less than $2.50 for
each resident annual sportsperson's license issued pursuant to
ORS 497.132 (2)(a) or
{ - 75 cents - } { + $1 + } for any other license, tag or
permit, as may be specified by contract between the department
and the agent for license, tag or permit issuance service
performed by the agent.
' (3) If the commission finds that an agent appointed pursuant
to this section has violated any of the provisions of law or the
procedures prescribed by the commission for the issuance of
licenses, tags or permits or the collection and disposition of
fees therefrom, the commission may revoke the authority of the
agent to issue licenses, tags and permits, or may suspend such
authority for such time as the commission considers appropriate.
' { + SECTION 4. + } ORS 497.032 is amended to read:
' 497.032. If a license, tag or permit issued by the State Fish
and Wildlife Commission is lost, destroyed or stolen, the holder
thereof may submit to the commission a certificate stating that
the license, tag or permit has been lost, stolen or destroyed,
together with a fee of { - $5 - } { + $15 + } for each such
license, tag or permit. { + If the fee paid for the license, tag
or permit that was lost, destroyed or stolen was less than $15,
the same fee shall be charged for the duplicate license, tag or
permit. + } Upon receipt of the certificate and appropriate fees,
the commission shall issue to the person a duplicate license, tag
or permit that may be used in lieu of the lost, destroyed or
stolen licenses, tags or permits.
' { + SECTION 5. + } ORS 497.102 is amended to read:
' 497.102. (1) The State Fish and Wildlife Commission is
authorized to issue, upon application, to persons desiring to
hunt wildlife the following licenses and permits and shall charge
therefor the following fees:
' (a) Resident annual hunting license to hunt wildlife,
{ - $19 - } { + $23.50 + }.
' (b) Nonresident annual hunting license to hunt wildlife,
{ - $73 - } { + $134.50 + }.
' { - (c) Resident annual juvenile hunting license for persons
14 through 17 years of age to hunt wildlife except those species
for which a game mammal tag or permit is required by the wildlife
laws or by any rule promulgated pursuant thereto, $2. - }
' { + (c) Resident annual juvenile hunting license for
persons 12 through 17 years of age to hunt wildlife, $11.50.
' (d) Nonresident annual juvenile hunting license for persons
12 through 17 years of age to hunt wildlife, $17.50. + }
' { - (d) - } { + (e) + } Resident pioneer hunting license
to hunt wildlife for persons 65 years of age or older who have
resided in the state for not less than 50 years prior to the date
of application, free.
' { - (e) - } { + (f) + } Resident annual senior citizen
hunting license to hunt wildlife for persons 70 years of age or
older who have resided in the state for not less than five years
prior to the date of application, one-half the fee imposed under
paragraph (a) of this subsection for a resident annual hunting
license to hunt wildlife.
' { - (f) - } { + (g) + } Resident disabled war veteran
hunting license to hunt wildlife for a person who files with the
commission written proof that the last official certification of
record by the United States Department of Veterans Affairs or any
branch of the Armed Forces of the United States shows the person
to be at least 25 percent disabled, free.
' { - (g) - } { + (h) + } Annual resident private hunting
preserve permit to hunt privately owned hunting preserve game
birds, { - $3 - } { + $4 + }.
' { - (h) - } { + (i) + } Annual nonresident private hunting
preserve permit to hunt privately owned hunting preserve game
birds, { - $9 - } { + $10 + }.
' { - (i) - } { + (j) + } Nonresident hunting license to
hunt migratory waterfowl and upland birds for three consecutive
days, { - $20 - } { + $24.50 + }.
' (2) The hunting preserve permits referred to in subsection
{ - (1)(g) and (h) - } { + (1)(h) and (i) + } of this section
are in lieu of the hunting licenses required by the wildlife
laws.
' { + SECTION 6. + } ORS 497.112 is amended to read:
' 497.112. (1) The State Fish and Wildlife Commission is
authorized to issue, upon application, to persons desiring to
hunt wildlife the following general tags and shall charge
therefor the following fees:
' (a) Resident annual elk tag to hunt elk, { - $33 - } { +
$40.50 + }.
' (b) Nonresident annual elk tag to hunt elk, { - $360 - }
{ + $498.50 + }.
' (c) Special annual elk tag for holders of pioneer or disabled
veteran hunting licenses to hunt elk, one-half the fee imposed
under paragraph (a) of this subsection for a resident annual elk
tag to hunt elk.
' (d) Resident annual deer tag to hunt deer, { - $18 - }
{ + $22.50 + }.
' (e) Nonresident annual deer tag to hunt deer, { - $263 - }
{ + $373.50 + }.
' (f) Resident annual black bear tag to hunt black bear,
{ - $10 - } { + $12.50 + }.
' (g) Nonresident annual black bear tag to hunt black bear,
{ - $150 - } { + $180.50 + }.
' (h) Resident annual mountain sheep tag to hunt mountain
sheep, { - $100 - } { + $120.50 + }.
' (i) Nonresident annual mountain sheep tag to hunt mountain
sheep, { - $1,082 - } { + $1,298.50 + }.
' (j) Resident annual mountain goat tag to hunt mountain goat,
{ - $100 - } { + $120.50 + }.
' (k) Nonresident annual mountain goat tag to hunt mountain
goat, { - $1,082 - } { + $1,298.50 + }.
' (L) Resident annual cougar tag to hunt cougar, { - $10 - }
{ + $12.50 + }.
' (m) Nonresident annual cougar tag to hunt cougar,
{ - $150 - } { + $12.50 + }.
' (n) Resident annual antelope tag to hunt antelope,
{ - $35 - } { + $42.50 + }.
' (o) Nonresident annual antelope tag to hunt antelope,
{ - $276 - } { + $331.50 + }.
' (p) Resident annual turkey tag to hunt turkeys,
{ - $16.50 - } { + $20.50 + }.
' { + (q) Resident annual juvenile turkey tag to hunt
turkeys, $8.50. + }
' { + (r) Nonresident annual juvenile turkey tag to hunt
turkeys, $8.50. + }
' { - (q) - } { + (s) + } Nonresident annual turkey tag to
hunt turkeys,
{ - $62.50 - } { + $75.50 + }.
' { - (r) - } { + (t) + } Outfitter and guide annual deer
tag to hunt deer,
{ - $450 - } { + $495.25 + }.
' { - (s) - } { + (u) + } Outfitter and guide annual elk tag
to hunt elk,
{ - $665 - } { + $731.75 + }.
' (2)(a) Notwithstanding ORS 496.146 (10), the commission is
authorized to issue each year one special tag that is auctioned
to the highest bidder in a manner prescribed by the commission
for each of the following:
' (A) Mountain sheep;
' (B) Antelope; and
' (C) Mountain goat.
' (b) In addition to the tags referred to in paragraph (a) of
this subsection, the commission is authorized to issue each year
one special tag that is raffled in a manner prescribed by the
commission for each of the following:
' (A) Mountain sheep;
' (B) Antelope; and
' (C) Mountain goat.
' (c) Moneys received under this subsection for:
' (A) Mountain sheep tags shall be placed in the Mountain Sheep
Subaccount established in ORS 496.303;
' (B) Antelope tags shall be placed in the Antelope Subaccount
established in ORS 496.303; and
' (C) Mountain goat tags shall be placed in the Mountain Goat
Subaccount established in ORS 496.303.
' (d) Notwithstanding ORS 496.146 (10), the commission, upon
the recommendation of the Access and Habitat Board to fulfill the
board's charge of providing incentives to increase public access
and habitat improvements to private land, is authorized to issue
each year up to 10 elk and 10 deer tags to hunt deer or elk. The
tags shall be auctioned or raffled to the highest bidder in a
manner prescribed by the commission. The Access and Habitat
Board, in recommending any tags, shall include a proposal as to
the land on which each tag can be used and a percentage of funds
received from the tags that may revert to the landowner if the
tag is limited to private land. However, the percentage cannot be
more than 50 percent and the programs must, by written agreement,
provide for public access and habitat improvements.
' (3) The tags referred to in subsection (1) of this section
are in addition to and not in lieu of the hunting licenses
required by law.
' (4) The commission may, at the time of issue only, indorse
upon the tags referred to in subsection (1) of this section an
appropriate designation indicating whether it is for a game
animal to be taken with bow and arrow or with firearms, at the
choice of the applicant. The commission may prescribe by rule
that the holder of such a tag is not authorized to take the game
animal by any other means than the tag so indorsed.
' (5) Except as provided in subsection (6) of this section, a
person is not eligible to obtain, in a lifetime, more than one
controlled hunt tag issued by the commission to hunt mountain
sheep and one controlled hunt tag issued by the commission to
hunt mountain goat.
' (6) A person is eligible to obtain mountain sheep tags,
antelope tags or mountain goat tags described in subsection
(2)(a) and (b) of this section, regardless of whether the person
has previously taken a mountain sheep, antelope or mountain goat
or previously obtained a mountain sheep tag, antelope tag or
mountain goat tag issued pursuant to subsection (1) or (2)(a) or
(b) of this section.
' (7) The number of nonresident mountain goat tags and
nonresident mountain sheep tags shall be decided by the
commission, but:
' (a) The number of nonresident mountain goat tags may not be
less than five percent nor more than 10 percent of all mountain
goat tags issued.
' (b) The number of nonresident mountain sheep tags may not be
less than five percent nor more than 10 percent of all mountain
sheep tags issued.
' (8) The number of tags issued by drawing under subsection
(1)(g), (m) and (o) of this section shall be decided by the
commission, but for each class of tag so issued, the number may
not be more than three percent of all tags of that class issued
for hunting in a particular area except one nonresident tag may
be issued for each hunt when the number of authorized tags is
less than 35. The number of tags issued under subsection (1)(g)
of this section for the general hunting season may be decided by
the commission, but the number may not be more than three percent
of all tags issued the previous year for hunting in a particular
area.
' (9) The number of tags issued by drawing under subsection
(1)(b) and (e) of this section shall be decided by the
commission, but for each class of tag so issued, the number may
not be more than five percent of all tags of that class issued
for hunting in a particular area except one nonresident tag may
be issued for each hunt when the number of authorized tags is
fewer than 35. The commission shall set the percentage by rule
each year after holding a public hearing.
' (10) If a controlled hunt for game mammals is undersubscribed
during the primary controlled hunt drawing, the commission may
issue the unallocated tags to licensed hunters at up to four
times the standard tag fee on a first-come, first-served basis.
This controlled hunt tag program shall be in addition to and not
replace any existing controlled hunt tag program.
' { + SECTION 7. + } ORS 497.121 is amended to read:
' 497.121. (1) The State Fish and Wildlife Commission is
authorized to issue, upon application, to persons desiring to
angle for fish or take shellfish the following licenses and tags
and shall charge therefor the following fees:
' (a) Resident annual angling license, { - $21 - } { +
$26 + }.
' (b) Nonresident annual angling license, { - $54.75 - }
{ + $93.25 + }.
' (c) Nonresident angling license to angle for seven
consecutive days, { - $39.50 - } { + $51.75 + }.
' (d) Angling license to angle for one day, { - $9.25 - }
{ + $11.75 + }.
' (e) Resident annual juvenile angling license for persons 14
through 17 years of age, $4.
' { + (f) Nonresident annual juvenile angling license for
persons 14 through 17 years of age, $17.25. + }
' { - (f) - } { + (g) + } Resident annual shellfish license,
$5.
' { - (g) - } { + (h) + } Nonresident annual shellfish
license, { - $15 - } { + $18.50 + }.
' { - (h) - } { + (i) + } Nonresident three-day shellfish
license, { - $7.50 - } { + $9.50 + }.
' { + (j) Two rod angling license valid in lakes and
reservoirs for anglers who also hold a valid annual angling
license, $15. + }
' { - (i) - } { + (k) + } Resident pioneer angling license
for persons 65 years of age or older who have resided in the
state for not less than 50 years prior to the date of
application, free.
' { - (j) - } { + (L) + } Resident annual senior citizen
angling license for persons 70 years of age or older who have
resided in the state for not less than five years prior to the
date of application, one-half the fee imposed under paragraph (a)
of this subsection for a resident annual angling license.
' { - (k) - } { + (m) + } Resident disabled war veteran
angling license for a person who files with the commission
written proof that the last official certification of record by
the United States Department of Veterans Affairs or by any branch
of the Armed Forces of the United States shows the person to be
at least 25 percent disabled, free.
' { - (L) - } { + (n) + } Annual tag to angle for salmon,
steelhead trout, sturgeon and halibut, { - $20 - } { +
$24.50 + }.
' { - (m) - } { + (o) + } Annual tag for persons under 18
years of age to angle for salmon, steelhead trout, sturgeon and
halibut, { - $5 - } { + $6.50 + }.
' { - (n) - } { + (p) + } Renewable tag to angle for
hatchery salmon and steelhead, { - $10.50 - } { + $14.50 + }.
' (2) Any person who holds a valid permanent angling license
for persons who are blind or a permanent angling license for
persons in a wheelchair issued by the commission before January
1, 2000, need not obtain a resident annual angling license under
this section.
' (3) The annual tags to angle for salmon, steelhead trout,
sturgeon and halibut referred to in subsection { - (1)(L), (m)
and (n) - } { + (1)(n), (o) and (p) + } of this section are in
addition to and not in lieu of the angling licenses required by
the wildlife laws. However, an annual tag to angle for salmon,
steelhead trout, sturgeon and halibut is not required of a person
who holds a valid angling license referred to in subsection
(1)(c) or (d) of this section.
' { + SECTION 8. + } ORS 497.124 is amended to read:
' 497.124. In addition to the fees otherwise prescribed by law,
the issuer of each of the following licenses shall charge and
collect each time the license is issued a surcharge of
{ - 25 - } { + 75 + } cents for each of the following
licenses:
' (1) Resident combination license issued under ORS 497.132.
' (2) Resident annual angling license issued under ORS 497.121
(1)(a).
' (3) Resident annual juvenile angling license issued under ORS
497.121 (1)(e).
' (4) Angling license to angle for one day issued under ORS
497.121 (1)(d).
' (5) Nonresident annual angling license issued under ORS
497.121 (1)(b).
' (6) Nonresident angling license to angle for seven
consecutive days issued under ORS 497.121 (1)(c).
' { + (7) Nonresident annual juvenile angling license issued
under ORS 497.121 (1)(f). + }
' { + SECTION 9. + } ORS 497.132 is amended to read:
' 497.132. (1) In lieu of issuing to resident persons separate
licenses for angling and hunting, the State Fish and Wildlife
Commission is authorized to issue resident annual combination
angling and hunting licenses, and charge therefor a fee of
{ - $38 - } { + $47 + }.
' (2)(a) In lieu of issuing to resident persons separate
licenses and tags for various hunting and angling activities, the
commission is authorized to issue resident annual sportsperson's
licenses and shall charge therefor a fee of { - $125 - } { +
$159.75 + }. The purchaser of each such license is authorized to
engage in those hunting and angling activities for which the
following licenses and tags are required:
' (A) Combination license;
' (B) Black bear tag;
' (C) Cougar tag;
' (D) General season elk tag;
' (E) General season deer tag;
' (F) Upland bird stamp;
' (G) Oregon migratory waterfowl stamp;
' (H) Turkey tag; { - and - }
' (I) Annual tag to angle for salmon, steelhead trout, sturgeon
and halibut { - . - } { + ; and
' (J) Resident annual shellfish license. + }
' (b) The holder of each sportsperson's license who wishes to
engage in hunting or angling activities for which permits are
required that are limited by quota must participate in the
process for allocation of the permits in the same manner as all
other permit applicants. However, if the holder of a
sportsperson's license is unsuccessful in obtaining a permit
limited by quota for a particular activity, the holder will be
issued a tag valid for any general season for that species.
' (c) Notwithstanding any other provision of the wildlife laws,
of the moneys received from the sale of sportsperson's licenses:
' (A) Two dollars from each such license shall be credited to
the subaccount referred to in ORS 496.242.
' (B) Two dollars from each such license shall be credited to
the subaccount referred to in ORS 496.283.
' (C) { - Twenty-five - } { + Seventy-five + } cents from
each such license shall be credited to the Fish Screening
Subaccount established under ORS 496.303.
' { + (D) Twenty-five cents from each such license shall be
credited to the Fish Passage Fund established under section 14 of
this 2009 Act.
' (3)(a) In lieu of issuing to resident persons under 18 years
of age separate licenses and tags for angling and hunting, the
commission is authorized to issue resident annual sportsperson's
licenses for persons under 18 years of age and shall charge
therefor a fee of $50. The purchaser of each such license is
authorized to engage in those hunting and angling activities for
which the following licenses and tags are required:
' (A) Resident annual juvenile hunting license for persons 12
through 17 years of age;
' (B) Resident annual juvenile angling license for persons 14
through 17 years of age;
' (C) Black bear tag;
' (D) Cougar tag;
' (E) General season elk tag;
' (F) General season deer tag;
' (G) Upland bird stamp;
' (H) Oregon migratory waterfowl stamp;
' (I) Juvenile turkey tag;
' (J) Annual tag for persons under 18 years of age to angle for
salmon, steelhead trout, sturgeon and halibut; and
' (K) Resident annual shellfish license.
' (b) The holder of each resident annual sportsperson's license
for persons under 18 years of age who wishes to engage in hunting
or angling activities for which permits are required that are
limited by quota must participate in the process for allocation
of the permits in the same manner as all other permit applicants.
However, if the holder of a resident annual sportsperson's
license for persons under 18 years of age is unsuccessful in
obtaining a permit limited by quota for a particular activity,
the holder will be issued a tag valid for any general season for
that species.
' (c) Notwithstanding any other provision of the wildlife laws,
of the moneys received from the sale of resident annual
sportsperson's licenses for persons under 18 years of age:
' (A) One dollar from each such license shall be credited to
the subaccount referred to in ORS 496.242.
' (B) One dollar from each such license shall be credited to
the subaccount referred to in ORS 496.283.
' (C) Seventy-five cents from each such license shall be
credited to the Fish Screening Subaccount established under ORS
496.303.
' (D) Twenty-five cents from each such license shall be
credited to the Fish Passage Fund established under section 14 of
this 2009 Act. + }
' { + SECTION 10. + } ORS 497.142 is amended to read:
' 497.142. (1) The State Fish and Wildlife Commission is
authorized to issue, upon application, to persons desiring to
take fur-bearing mammals the following licenses and tags and
shall charge therefor the following fees:
' (a) Resident annual license to trap or hunt fur-bearing
mammals, { - $30 - } { + $45 + }.
' (b) Juvenile annual license to trap or hunt fur-bearing
mammals, $15.
' (c) Resident annual license to hunt fur-bearing mammals,
{ - $11 - } { + $20 + }.
' (d) Nonresident annual fur-takers license to trap or hunt
fur-bearing mammals, { - $175 - } { + $350 + }.
' (e) Furbearer annual tags to take fur-bearing mammals, such
amount for each tag as the commission may prescribe, but not more
than { - $10 - } { + $20 + }.
' (2) The tags referred to in subsection (1)(e) of this section
are in addition to and not in lieu of the licenses referred to in
subsection (1)(c) and (d) of this section.
' { + SECTION 11. + } ORS 497.151 is amended to read:
' 497.151. (1) The State Fish and Wildlife Commission is
authorized to issue, upon application, to resident persons
desiring to hunt migratory waterfowl an annual migratory
waterfowl stamp and shall charge therefor a fee of
{ - $7.50 - } { + $9.50 + }.
' (2) The stamp referred to in subsection (1) of this section
is in addition to and not in lieu of the hunting licenses
required by ORS 497.102.
' (3) Notwithstanding subsection (1) of this section, a
migratory waterfowl stamp is not required of a person younger
than 14 years of age.
' (4) ORS 497.016 to 497.026 and 497.036 apply to the stamp
referred to in subsection (1) of this section.
' (5) Nothing in this section is intended to prevent
nonresident persons from purchasing resident migratory waterfowl
stamps for stamp collecting or other purposes. However,
possession of a resident migratory waterfowl stamp does not
authorize a nonresident to hunt migratory waterfowl.
' { + SECTION 12. + } ORS 497.153 is amended to read:
' 497.153. (1) The State Fish and Wildlife Commission is
authorized to issue, upon application, to resident persons
desiring to hunt upland birds an annual upland bird stamp and
shall charge therefor a fee of { - $5 - } { + $6.50 + }.
' (2) The stamp referred to in subsection (1) of this section
is in addition to and not in lieu of the hunting licenses
required by ORS 497.102.
' (3) Notwithstanding subsection (1) of this section, an upland
bird stamp is not required of a person younger than 14 years of
age.
' (4) ORS 497.016 to 497.026 and 497.036 apply to the stamp
referred to in subsection (1) of this section.
' (5) Nothing in this section is intended to prevent
nonresident persons from purchasing resident upland bird stamps
for stamp collecting or other purposes. However, possession of a
resident upland bird stamp does not authorize a nonresident to
hunt upland birds.
' { + SECTION 13. + } ORS 497.156 is amended to read:
' 497.156. (1) The State Fish and Wildlife Commission is
authorized to issue, upon application, to nonresident persons
desiring to hunt either migratory waterfowl or upland birds an
annual bird-waterfowl stamp and shall charge therefor a fee of
{ - $30 - } { + $36.50 + }.
' (2) The stamp referred to in subsection (1) of this section
is in addition to and not in lieu of the hunting licenses
required by ORS 497.102.
' (3) Notwithstanding subsection (1) of this section, a
bird-waterfowl stamp is not required of:
' (a) A person younger than 14 years of age; or
' (b) A nonresident hunter on a private hunting preserve who
holds an annual private hunting preserve permit issued under ORS
497.102.
' (4) ORS 497.016 to 497.026 and 497.036 apply to the stamp
referred to in subsection (1) of this section.
' { + SECTION 14. + } { + The Fish Passage Fund is
established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Fish Passage Fund shall be
credited to the fund. Moneys in the fund are continuously
appropriated to the State Department of Fish and Wildlife for
purposes related to fish passage. + }
' { + SECTION 15. + } ORS 497.258 is amended to read:
' 497.258. The State Department of Fish and Wildlife is
authorized to issue, upon application, to persons desiring to
engage in the following occupations the following licenses and
shall charge therefor the following fees:
' (1) Resident annual fur dealer license, { - $10 - } { +
$50 + }.
' (2) Resident annual taxidermist license, { - $5 - } { +
$50 + }.
' (3) Resident annual wildlife propagation license,
{ - $5 - } { + $25 + }.
' (4) Resident annual fish propagation license, { - $25 - }
{ + $125 + }.
' (5) Resident annual private hunting preserve license,
{ - $100 - } { + $200 + }.
' { + SECTION 16. + } { + Section 17 of this 2009 Act is
added to and made a part of ORS chapter 497. + }
' { + SECTION 17. + } { + (1) In addition to the fees
otherwise prescribed by law, the issuer of each of the following
licenses shall charge and collect each time the license is issued
a surcharge of 25 cents for each of the following licenses:
' (a) Resident annual combination angling and hunting license
issued under ORS 497.132.
' (b) Resident annual angling license issued under ORS 497.121
(1)(a).
' (c) Resident annual juvenile angling license issued under ORS
497.121 (1)(e).
' (d) Angling license to angle for one day issued under ORS
497.121 (1)(d).
' (e) Nonresident annual angling license issued under ORS
497.121 (1)(b).
' (f) Nonresident angling license to angle for seven
consecutive days issued under ORS 497.121 (1)(c).
' (g) Nonresident annual juvenile angling license issued under
ORS 497.121 (1)(f).
' (2) Surcharges collected under this section shall be credited
to the Fish Passage Fund established under section 14 of this
2009 Act. + }
'
{ + FEES RELATED TO COMMERCIAL + }
'
{ + FISHING + }
' { + SECTION 18. + } ORS 506.462 is amended to read:
' 506.462. (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 - } { + $125 + }. 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 19. + } ORS 508.106 is amended to read:
' 508.106. (1) Upon receiving a written application therefor,
accompanied by a fee of { - $3 - } { + $30 + }, the State
Fish and Wildlife Commission may issue to any person a permit to
take carp or other nongame fish.
' (2) The kind or kinds of fish, the method to be used and the
name and location of the body of water from which the fish are to
be taken, shall be specified in the permit.
' (3) After having obtained a permit as provided for in
subsection (1) of this section, and subject to any rules of the
commission, any person may take carp or nongame fish from any of
the waters of this state described in the permit.
' (4) It is unlawful to:
' (a) Retain any fish other than described in the permit in
connection with the use of any permit issued under subsection (1)
of this section, and any other fish taken shall at once be set
free; or
' (b) Take any fish for commercial purposes by a permit issued
under subsection (1) of this section without first having
obtained a license under ORS 508.035.
' { + SECTION 20. + } ORS 508.116 is amended to read:
' 508.116. (1) The State Fish and Wildlife Director may issue
to any person a permit to take animals living intertidally on the
bottom. { + The annual fee for a permit issued under this
section is $40. + }
' (2) It is unlawful to take animals living intertidally on the
bottom for commercial purposes by a permit issued under
subsection (1) of this section without first having obtained a
license under ORS 508.035.
' { + SECTION 21. + } ORS 508.235 is amended to read:
' 508.235. (1) A commercial fishing license must be obtained by
each individual who, for commercial purposes:
' (a) Takes or assists in the taking of any food fish from the
waters or land of this state;
' (b) Operates or assists in the operation of any boat or
fishing gear for the taking of food fish in the waters of this
state; or
' (c) Lands food fish from the waters of the Pacific Ocean at
any point in this state.
' (2) A commercial fishing license must be in the possession of
the licensee, when engaged in the taking or landing of commercial
fish, and is required in addition to any other license under this
chapter.
' (3) Notwithstanding any other provision of this section or
ORS 508.035, upon application of the holder of a boat license,
the State Fish and Wildlife Commission shall issue to the
applicant in the name of the boat, one commercial fishing license
for each individual who assists the holder of the boat license in
the taking of fish for commercial purposes. Notwithstanding ORS
508.465, licenses issued pursuant to this subsection are
transferable to all individuals who assist in the taking of fish
for commercial purposes on the boat for which the licenses are
issued. Notwithstanding ORS 508.285, the fee for the license
issued pursuant to this subsection { - is $85 for each
individual. - } { + in the name of a boat:
' (a) With a resident boat license is $125 for each individual.
' (b) With a nonresident boat license is $350 for each
individual. + }
' { + SECTION 22. + } ORS 508.285 is amended to read:
' 508.285. (1) The fee for each license required by this
chapter is as follows:
' (a) Albacore tuna landing license { - , $20 - } { + for
boats that do not hold a valid commercial fishing license from
another state, $125 + }.
' { + (b) Albacore tuna landing license for boats that hold a
valid commercial fishing license from another state, $20. + }
' { - (b) - } { + (c) + } Resident boat license,
{ - $200 - } { + $325 + }.
' { - (c) - } { + (d) + } Nonresident boat license, $760.
' { - (d) - } { + (e) + } Resident commercial fishing
license, { - $50 - } { + $80 + }.
' { - (e) - } { + (f) + } Nonresident commercial fishing
license, $290.
' { - (f) - } { + (g) + } Commercial fishing license for
resident persons 18 years of age or younger, { - $25 - } { +
$30 + }.
' { - (g) - } { + (h) + } Commercial bait fishing license,
{ - $60 - } { + $100 + }.
' { - (h) - } { + (i) + } Fish buyer license, { - $150 - }
{ + $250 + }.
' { - (i) - } { + (j) + } Fish bait dealer license,
{ - $60 - } { + $100 + }.
' { - (j) - } { + (k) + } Food fish canner license,
{ - $350 - } { + $450 + }.
' { - (k) - } { + (L) + } Shellfish canner license,
{ - $350 - } { + $450 + }.
' { - (L) - } { + (m) + } Single delivery license,
{ - $100 - } { + $125 + }.
' { - (m) - } { + (n) + } Wholesale fish dealer license,
{ - $350 - } { + $450 + }.
' (2) As used in this section, 'resident' means an actual bona
fide resident of this state for at least one year prior to
application for a license.
' { + SECTION 23. + } ORS 508.495 is amended to read:
' 508.495. Upon the receipt of a fee of { - $2 - }
{ + $16.50 + } and the filing of an affidavit that a license
issued under authority of ORS 508.406 has been lost or destroyed,
the State Fish and Wildlife Director or the authorized agent of
the director shall issue a certificate that such license has been
issued and has been lost or destroyed. Except as provided in ORS
508.260, the certificate may be used in lieu of the lost or
destroyed license.
' { + SECTION 24. + } ORS 508.505 is amended to read:
' 508.505. (1) Additional fees shall be collected by the State
Fish and Wildlife Director in the amount prescribed by this
section, except as provided in ORS 508.510. Every person
operating within the state as a canner, buyer, bait dealer or
wholesaler of any food fish or shellfish shall pay, in addition
to all other licenses or fees provided by law, a fee equal to the
value of the food fish at the point of landing multiplied by the
following rates:
' (a) All salmon and steelhead, 3.15 percent.
' (b) All black rockfish, blue rockfish and nearshore fish,
five percent.
' (c) All other food fish and shellfish, { + 2.25 percent. + }
{ - 1.09 percent for the period beginning January 1, 1992, and
ending December 31, 1992. Thereafter the State Fish and Wildlife
Commission may increase the rate to not more than 1.25 percent to
the extent that the commission determines upon review that
revenues received are inadequate to maintain the legislatively
adopted program level. The commission shall report its revenue
review and any proposed rate increase to the Emergency Board
prior to the time the rate increase is implemented. - }
' { + (d) All tuna, 1.09 percent. + }
' (2) Only live, fresh or frozen in the round or dressed food
fish or shellfish are subject to the fees provided in this
section. 'Dressed' includes but is not limited to beheaded,
gutted, filleted, loined or shucked. However, frozen food fish or
frozen shellfish received in a wrapped package to which a legible
label is stamped or printed showing the name, address, brand or
trade name of the original processor or wholesale distributor
under which the package is marketed and the kind of frozen food
fish or frozen shellfish contained therein, for distribution and
ultimate sale in the original package are not subject to the fees
provided in this section.
' { + SECTION 25. + } ORS 508.550 is amended to read:
' 508.550. Notwithstanding any other provision of this chapter,
a person who holds a valid Oregon commercial fishing license may
sell any species of food fish taken in lawful commercial fishing
activity directly from the license holder's boat, subject to the
following conditions:
' (1) The person must first obtain from the State Fish and
Wildlife Commission an annual limited fish seller permit for such
sales, the fee for which is { - $20 - } { + $40 + }. The
commission by rule may limit the number of permits available for
any species of food fish.
' (2) Prior to making any sale pursuant to this section, the
person must notify the commission, in such manner as the
commission prescribes, of the estimated number of food fish on
board the boat and of the location where the sale is to take
place.
' (3) Within seven days of making any sale pursuant to this
section, the person shall submit to the commission a report
thereof, in such form as the commission may prescribe. The person
must pay the fees required as prescribed in ORS 508.505 to
508.540, or in such other manner as the commission by rule may
prescribe.
' (4) The person may sell food fish from any port and dock
location in this state.
' (5) If a person fails to comply with subsection (3) of this
section, the commission may revoke and thereafter refuse to issue
another limited fish seller permit.
' { + SECTION 26. + } ORS 508.700 is amended to read:
' 508.700. (1) The State Fish and Wildlife Commission may issue
a permit, subject to such restrictions and regulations as the
commission deems desirable, to any person to construct and
operate a hatchery for:
' (a) Chinook salmon, also known as Oncorhynchus tshawytscha;
or
' (b) Chum salmon, also known as Oncorhynchus keta or dog
salmon; or
' (c) Silver salmon, also known as Oncorhynchus kisutch or coho
salmon; or
' (d) Pink salmon, also known as Oncorhynchus gorbuscha or
humpback salmon.
' (2) The application for a permit to construct and operate a
chum salmon, chinook salmon, silver salmon, or pink salmon
hatchery shall include an application fee of { - $100 - } { +
$3,000 + }.
' { + SECTION 27. + } ORS 508.760 is amended to read:
' 508.760. (1) Notwithstanding any other provision of the
commercial fishing laws, in order to provide a sea urchin
(Strongylocentrotus franciscanus, S. purpuratus and S.
droebachiensis) commercial fishery with optimum profits to those
engaged in the fishery and to prevent a concentration of fishing
effort that would deplete the resource, the State Fish and
Wildlife Commission, by rule, shall establish a system for
limiting participation in the sea urchin commercial fishery. Any
such system may include, but is not limited to, provisions on the
following matters:
' (a) Establishment of criteria for initial entry into fishery
participation and for annual qualification for participation
thereafter.
' (b) Establishment of terms and conditions for transferring
participation rights.
' (2) { + (a) + } The annual fee to participate in the sea
urchin fishery is { - $75. - } { + :
' (A) $100 for resident applicants.
' (B) $290 for nonresident applicants.
' (b) A fee of $100 shall be charged for each transfer of
participation rights under this section. + }
' { + SECTION 28. + } ORS 508.762 is amended to read:
' 508.762. (1) A person whose application for renewal or
transfer of a permit established pursuant to ORS 508.760 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 such 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 - } { +
$125 + }. Such fee shall apply toward the permit fee of an
applicant seeking review who is successful in obtaining a permit.
' (2) The board shall review a denial of an application for
renewal or request to transfer a permit according to the
applicable provisions of ORS chapter 183. Orders issued by the
board are not subject to review by the commission, but may be
appealed as provided in ORS 183.480 to 183.500.
' (3) According to the applicable provisions of ORS chapter
183, the board may promulgate such rules as it considers
necessary to carry out its duties, functions and powers.
' (4) The board may delegate to the department its authority to
waive requirements for renewal of permits.
' { + SECTION 29. + } ORS 508.765 is amended to read:
' 508.765. (1) Notwithstanding any other provision of the
commercial fishing laws, in order to provide a roe-herring
commercial fishery with optimum profits to those engaged in the
fishery and to prevent a concentration of fishing effort that
would deplete the resource, the State Fish and Wildlife
Commission, by rule, shall establish a system for limiting
participation in the roe-herring commercial fishing. Any such
system may include, but is not limited to, provisions on the
following matters:
' (a) Establishment of criteria for initial entry into fishery
participation and for annual qualification for participation
thereafter.
' (b) Establishment of terms and conditions for transferring
participation rights.
' (2) { + (a) + } The annual fee to participate in the
roe-herring fishery is { - $75. - } { + :
' (A) $125 for resident applicants.
' (B) $290 for nonresident applicants.
' (b) A fee of $100 shall be charged for each transfer of
participation rights under this section. + }
' (3)(a) A denial by the commission of an application for
renewal of any permit or transfer of any permit established under
this section shall be subject to review by the Commercial Fishery
Permit Board upon written request of the applicant. The review
provided under this subsection shall be in lieu of any such
review by the commission or the State Department of Fish and
Wildlife.
' (b) Request for review under this subsection shall be on such
forms and contain such information as the board shall determine.
Requests for review shall be accompanied by a { - $75 - }
{ + $125 + } fee, which fee shall apply toward any applicable
permit fees resulting from an order of the board in favor of the
requesting applicant.
' (4) Orders issued by the board are not subject to review by
the commission but may be appealed as provided in ORS chapter
183.
' (5) According to the provisions of ORS chapter 183, the board
shall adopt such rules as it determines necessary to carry out
its duties, functions and powers.
' { + SECTION 30. + } ORS 508.790 is amended to read:
' 508.790. (1) The annual fee for the vessel permit required by
ORS 508.775 is { - $1. - } { + :
' (a) $26 for resident applicants.
' (b) $216 for nonresident applicants. + }
' (2) Applications shall be in such form and contain such
information as the State Department of Fish and Wildlife, by
rule, may prescribe.
' { + SECTION 31. + } ORS 508.793 is amended to read:
' 508.793. (1) The vessel permit required by ORS 508.775 is
transferable:
' (a) To a replacement vessel of the permit holder.
' (b) To the purchaser of the vessel when the vessel is sold.
' (2) Notwithstanding subsection (1) of this section, upon
request of a permit holder, the State Department of Fish and
Wildlife may authorize transfer of a permit to a replacement
vessel owned by an individual other than the permit holder.
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.
' { + (3) A fee of $100 shall be charged for each transfer of
a vessel permit under this section. + }
' { + SECTION 32. + } ORS 508.796 is amended to read:
' 508.796. (1) An individual whose application for renewal of
the permit required by ORS 508.775 is denied by the State
Department of Fish and Wildlife 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 such review
by the department 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 - } { +
$125 + }. Such fees shall apply toward the permit fee of
successful applicants.
' (2) In accordance with any applicable provision of ORS
chapter 183, the board shall review denials of applications for
renewal of permits. Orders issued by the board are not subject to
review by the commission, but may be appealed as provided in ORS
183.480 to 183.500. The board may waive requirements for renewal
of permits if the board finds:
' (a) That the individual for personal or economic reasons
chose to actively commercially fish in some other fishery during
the Columbia River gillnet salmon seasons; or
' (b) That the individual failed to meet the requirements as
the result of illness, accident or other circumstances beyond the
individual's control.
' (3) In accordance with any applicable provision of ORS
chapter 183, the board may promulgate such rules as it considers
necessary to carry out its duties, functions and powers.
' (4) The board may delegate to the department its authority to
waive requirements for renewal of permits.
' (5) Notwithstanding any other provision of law, without the
prior approval of the Commercial Fishery Permit Board, a Columbia
River gillnet salmon vessel permit acquired as a result of a
waiver pursuant to subsection (2) of this section may not be
transferred to another vessel until the vessel for which the
permit was issued has been used in the Columbia River gillnet
salmon fishery for two or more calendar years.
' { + SECTION 33. + } ORS 508.816 is amended to read:
' 508.816. (1) The annual fee for the vessel permit required by
ORS 508.801 is { - $10. - } { + :
' (a) $35 for resident applicants.
' (b) $225 for nonresident applicants. + }
' (2) Applications shall be in such form and contain such
information as the State Department of Fish and Wildlife, by
rule, may prescribe.
' { + SECTION 34. + } 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 1,000.
' (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.
' { + (6) A fee of $100 shall be charged for each transfer of
a vessel permit under this section. + }
' { + SECTION 35. + } ORS 508.825 is amended to read:
' 508.825. (1) An individual whose application for renewal or
transfer of the permit required by ORS 508.801 is denied by the
State Department of Fish and Wildlife 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 such review
by the department 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 - } { +
$125 + }. Such fee shall apply toward the permit fee of
successful applicants.
' (2) In accordance with any applicable provision of ORS
chapter 183, the board shall review denials of applications for
renewal or transfer of permits. Orders issued by the board are
not subject to review by the commission, but may be appealed as
provided in ORS 183.480 to 183.540. The board may waive
requirements for renewal or transfer of permits if the board
finds that the individual fails to meet the requirements as the
result of illness, accident or other circumstances beyond the
individual's control.
' (3) In accordance with any applicable provision of ORS
chapter 183, the board may promulgate such rules as it considers
necessary to carry out its duties, functions and powers.
' (4) The board may delegate to the department its authority to
waive requirements for renewal or transfer of permits.
' { + SECTION 36. + } ORS 508.858 is amended to read:
' 508.858. The annual fee for the vessel permit required by ORS
508.840 is { - $75. - } { + :
' (1) $125 for resident applicants.
' (2) $290 for nonresident applicants. + }
' { + SECTION 37. + } ORS 508.864 is amended to read:
' 508.864. { + (1) + } Notwithstanding any other provision of
law, an ocean scallop vessel permit issued pursuant to ORS
508.840 to 508.867 may not be transferred to another vessel:
' { - (1) - } { + (a) + } Until the vessel for which the
permit was issued has been used in the ocean scallop fishery for
three or more calendar years to land at least 5,000 pounds of
food fish annually.
' { - (2) - } { + (b) + } More than once in any 12-month
period. However, the Commercial Fishery Permit Board may waive
the waiting period if the board finds that strict adherence to
the waiting period would create undue hardship for the individual
seeking transfer of the permit.
' { - (3) - } { + (c) + } That is more than five feet longer
than the vessel from which the permit is transferred.
' { + (2) A fee of $100 shall be charged for each transfer of
a vessel permit under this section. + }
' { + SECTION 38. + } ORS 508.867 is amended to read:
' 508.867. (1) Notwithstanding ORS 508.755 (6)(b) and (c), an
individual whose application for renewal of the permit required
by ORS 508.840 is denied by the State Department of Fish and
Wildlife 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 such review by the department
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 - } { + $125 + }. Such fee shall
apply toward the permit fee of successful applicants.
' (2) In accordance with any applicable provision of ORS
chapter 183, the board shall review denials of applications for
renewal of permits. Orders issued by the board are not subject to
review by the commission, but may be appealed as provided in ORS
183.480 to 183.540. The board may waive requirements for renewal
of permits if the board finds that the individual for personal or
economic reasons chooses to actively fish the permit vessel in
some other ocean fishery or if the board finds that the
individual fails to meet the requirements as the result of
illness, accident or other circumstances beyond the individual's
control.
' (3) In accordance with any applicable provision of ORS
chapter 183, the board may promulgate such rules as it considers
necessary to carry out its duties, functions and powers.
' (4) The board may delegate to the department the authority to
waive eligibility requirements for renewal of permits.
' { + SECTION 39. + } ORS 508.901 is amended to read:
' 508.901. (1) The annual fee for the vessel permit required by
ORS 508.880 is { - $75. - } { + :
' (a) $125 for resident applicants.
' (b) $290 for nonresident applicants. + }
' (2) Applications shall be in such form and contain such
information as the State Department of Fish and Wildlife, by
rule, may prescribe.
' { + SECTION 40. + } ORS 508.907 is amended to read:
' 508.907. (1) The vessel permit required by ORS 508.880 is
transferable:
' (a) To a replacement vessel of the permit holder. A
replacement is any vessel that is purchased for any reason to
replace a vessel previously owned by and licensed to the permit
holder;
' (b) To the purchaser of the vessel when the vessel is sold;
or
' (c) To a replacement vessel owned by an individual other than
the permit holder. 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) A permit may be transferred to a vessel of greater length
only if that vessel is within 5 feet in overall length of the
vessel from which the permit is being transferred. This provision
does not apply if the permit is being transferred from one vessel
owned by an individual to another vessel not exceeding 80 feet in
length that is owned by the same individual.
' (3) A permit may not be transferred to another vessel more
than once in a 12-month period. However, the Commercial Fishery
Permit Board may waive the waiting period if the board finds that
strict adherence to the waiting period would create undue
hardship for the individual seeking transfer of the permit.
' { + (4) A fee of $100 shall be charged for each transfer of
a vessel permit under this section. + }
' { + SECTION 41. + } ORS 508.910 is amended to read:
' 508.910. (1) An individual whose application for renewal of
the permit required by ORS 508.880 is denied by the State
Department of Fish and Wildlife 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 such review
by the department 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 - } { +
$125 + }. Such fee shall apply toward the permit fee of
successful applicants.
' (2) In accordance with any applicable provision of ORS
chapter 183, the board shall review denials of applications for
renewal of permits. Orders issued by the board are not subject to
review by the commission, but may be appealed as provided in ORS
183.480 to 183.540. The board may waive requirements for renewal
of permits if the board finds that the individual fails to meet
the requirements as the result of illness, accident or other
circumstances beyond the individual's control.
' (3) In accordance with any applicable provision of ORS
chapter 183, the board may promulgate such rules as it considers
necessary to carry out its duties, functions and powers.
' (4) The board may delegate to the department its authority to
waive requirements for renewal of permits.
' { + SECTION 42. + } ORS 508.936 is amended to read:
' 508.936. (1) The system established under ORS 508.921 shall
include provisions to make the vessel ocean Dungeness crab permit
required by ORS 508.926 transferable:
' (a) To another vessel; or
' (b) To the purchaser of the vessel when the vessel is sold.
' (2) The vessel to which a permit is transferred may not be:
' (a) More than 10 feet longer than the vessel from which the
permit is transferred; or
' (b) More than 99 feet in length.
' (3) Notwithstanding subsection (2) of this section, a permit
issued to a vessel:
' (a) Under ORS 508.931 (1)(e) shall be transferred only to a
vessel that is 26 feet or less in length.
' (b) May not be transferred to a vessel that is more than 10
feet longer than the vessel for which the permit was held on
January 1, 2006. However, the Commercial Fishery Permit Board may
waive the length restriction in this paragraph if the board finds
that strict adherence to the length restriction would create
undue hardship, as that term is defined by rule by the State Fish
and Wildlife Commission, for the individual seeking transfer of
the permit.
' (4) Transfer of a permit under this section is subject to the
approval of the State Department of Fish and Wildlife according
to such rules as the State Fish and Wildlife Commission may
adopt. Any transfer of a permit from a vessel without the written
consent of each person holding a security interest in the vessel
is void.
' (5) For purposes of this section, the length of a vessel
shall be determined by the manufacturer's specification of
overall length, United States Coast Guard documentation stating
overall length or a survey of overall length by a certified
marine surveyor, as the State Fish and Wildlife Commission by
rule shall establish.
' { + (6) A fee of $100 shall be charged for each transfer of
a vessel permit under this section. + }
' { + SECTION 43. + } ORS 508.941 is amended to read:
' 508.941. (1) The system established under ORS 508.921 shall
include any other provisions for participation that the State
Fish and Wildlife Commission considers appropriate.
' (2) Any determination by the commission regarding the
eligibility of a vessel to participate in the ocean Dungeness
crab commercial fishery or to transfer participation rights is
subject to review by the Commercial Fishery Permit Board, in
accordance with ORS chapter 183. The board may waive the
eligibility requirements contained in ORS 508.931 if the board
finds that the individual fails to meet the requirements as the
result of illness, fire, sinking, accident or other circumstances
beyond the individual's control. In making a determination of
eligibility under this section, the board shall consider the
applicant's history of participation in the Oregon ocean
Dungeness crab fishery. If a vessel for which application is made
is owned by a person who has served in the Armed Forces of the
United States and the person establishes that a service-related
disability prevented the person from lawfully landing crab in two
seasons during the prescribed time period, there is a rebuttable
presumption in favor of issuing an illness waiver for one of the
two seasons of lawfully landing crab in Oregon required under ORS
508.931 so as to require the landing of crab in only one season
during the prescribed time period. The rebuttable presumption
created by this subsection may be overcome only by clear and
convincing evidence that the service-related disability of the
person did not prevent the person from lawfully landing crab in
two seasons during the prescribed time period. Orders issued by
the board are not subject to review by the commission, but may be
appealed as provided in ORS 183.480 to 183.540.
' (3) A commercial fishing vessel that holds a valid Washington
or California permit to fish for ocean Dungeness crab shall be
eligible to participate in the Oregon ocean Dungeness crab
fishery provided there is reciprocal statutory authority in
Washington or California that provides for equal access for
vessels holding Oregon ocean Dungeness crab permits to Washington
or California coastal waters and Washington waters of the
Columbia River. If such reciprocal statutory authority exists, a
vessel licensed by Washington or California is eligible to
participate in accordance with rules that establish reciprocal
border agreements that recognize traditional fishing patterns.
' (4) The annual fee to participate in the ocean Dungeness crab
fishery is { - $75, except that the fee for 1995 is waived. - }
{ + :
' (a) $125 for resident applicants.
' (b) $290 for nonresident applicants. + }
' { + SECTION 44. + } ORS 508.949 is amended to read:
' 508.949. (1) The annual fee for a black rockfish and blue
rockfish vessel permit or a black rockfish and blue rockfish
vessel permit with a nearshore fish endorsement issued under ORS
508.947 is { - $75 - } { + $100 + }.
' (2) Applications for a permit shall be in such form and
contain such information as the State Department of Fish and
Wildlife, by rule, may prescribe.
' (3) All fees collected under this section and ORS 508.505
(1)(b) and 508.947 shall be placed into the Black Rockfish, Blue
Rockfish and Nearshore Species Research Account established in
ORS 508.951.
' { + SECTION 45. + } ORS 508.957 is amended to read:
' 508.957. (1) A black rockfish and blue rockfish vessel permit
with a nearshore fish endorsement issued under ORS 508.947 may be
transferred to another vessel if:
' (a) The permit has been renewed a minimum of five times; and
' (b) The vessel operating under the permit has made, in the
previous calendar year, a minimum of five landings that contained
at least 15 pounds of black rockfish, blue rockfish or nearshore
fish.
' (2) Notwithstanding subsection (1) of this section, a black
rockfish and blue rockfish vessel permit with a nearshore fish
endorsement:
' (a) May be transferred one time per calendar year to a
replacement vessel that is owned by the same person that owns the
vessel to which the permit was originally issued.
' (b) That is issued to a vessel owned by a sole proprietor may
be transferred upon the death of the sole proprietor.
' (3) A black rockfish and blue rockfish vessel permit with a
nearshore fish endorsement may not be transferred to a vessel
that is more than five feet longer than the vessel to which the
permit was originally issued.
' (4) A black rockfish and blue rockfish vessel permit issued
under ORS 508.947:
' (a) May be transferred to another vessel except as provided
in paragraph (b) of this subsection.
' (b) May not be transferred to a vessel that is more than five
feet longer than the vessel to which the permit was originally
issued.
' { + (5) A fee of $100 shall be charged for each transfer of
a vessel permit under this section. + }
' { + SECTION 46. + } ORS 508.960 is amended to read:
' 508.960. (1) A person whose application for issuance, renewal
or transfer of a permit under ORS 508.947 is denied by the State
Department of Fish and Wildlife 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 such review
by the department 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 - } { +
$125 + }, which shall apply toward the permit fee if the
application is approved.
' (2) In accordance with the applicable provisions of ORS
chapter 183, the board shall review denials of applications for
issuance, transfer or renewal of permits. Orders issued by the
board are not subject to review by the commission, but may be
appealed as provided in ORS 183.480 to 183.540. The board may
waive requirements for renewal or transfer of permits if the
board finds that the person fails to meet the requirements as the
result of illness, accident or other circumstances beyond the
person's control.
' (3) In accordance with the applicable provisions of ORS
chapter 183, the board may promulgate such rules as it considers
necessary to carry out its duties, functions and powers under
this section.
'
{ + MISCELLANEOUS + }
' { + SECTION 47. + } { + The unit captions used in this
2009 Act are provided only for the convenience of the reader and
do not become part of the statutory law of this state or express
any legislative intent in the enactment of this 2009 Act. + }
' { + SECTION 48. + } { + Sections 14 and 17 of this 2009
Act and the amendments to ORS 497.022, 497.032, 497.102, 497.112,
497.121, 497.124, 497.132, 497.142, 497.151, 497.153, 497.156,
497.258, 506.462, 508.106, 508.116, 508.235, 508.285, 508.495,
508.505, 508.550, 508.700, 508.760, 508.762, 508.765, 508.790,
508.793, 508.796, 508.816, 508.822, 508.825, 508.858, 508.864,
508.867, 508.901, 508.907, 508.910, 508.936, 508.941, 508.949,
508.957 and 508.960 and section 2, chapter 460, Oregon Laws 1995,
and section 1, chapter 461, Oregon Laws 2003, by sections 1 to
13, 15 and 18 to 46 of this 2009 Act apply to registrations made,
and licenses, permits, tags and transfers applied for, and catch
fees paid, on or after the effective date of this 2009 Act. + } '
.
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