Chapter 165 Oregon Laws 1999

Session Law

AN ACT

HB 2334

Relating to pink shrimp; creating new provisions; and amending ORS 508.892, 508.907 and 508.910.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 508.892 is amended to read:

508.892. (1) An individual who obtained the permit required by ORS 508.880 for a particular calendar year is eligible to obtain renewal of the permit in a subsequent calendar year, upon application by December 31 of the permit year and payment of the fees therefor and upon obtaining the annual boat license referred to in ORS 508.285 not later than December 31 of each year [, if during the preceding calendar year the vessel for which permit renewal application is made was used in the ocean pink shrimp fishery to take at least 5,000 pounds of pink shrimp which were lawfully landed in this state].

[(2) A permit shall be renewed upon application if the vessel is used primarily for educational purposes even though it fails to meet the catch requirement.]

[(3)] (2) An individual who permanently loses the services of a vessel through capsizing, sinking, fire, collision or other catastrophic accident shall remain eligible to obtain a vessel permit for a replacement vessel for two years from the date of loss.

SECTION 2. 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) An ocean pink shrimp vessel permit acquired as a result of a waiver of eligibility pursuant to subsection (3) of this section may not be transferred to another vessel until the vessel for which the permit was issued has been used in the ocean pink shrimp fishery for three or more preceding consecutive years to annually land at least 5,000 pounds of shrimp in Oregon, California or Washington.]

SECTION 3. 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. Such fee shall apply toward the permit fee of successful applicants.

(2) In accordance with any applicable provision of ORS 183.310 to 183.550, 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 183.550. The board may waive requirements for renewal of permits [if the board finds that the individual for personal or economic reasons chose to actively commercially fish the permit vessel in some other ocean fishery during the pink shrimp season 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. [For the purposes of this section, in addition to landings of pink shrimp, "actively commercially fish" includes but is not limited to other seafood related vessel tendering activities, time spent in the shipyard, time traveling to and from fishing grounds.]

(3) In accordance with any applicable provision of ORS 183.310 to 183.550, 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 4. The Commercial Fishery Permit Board may not prohibit the transfer under ORS 508.907 of a valid ocean pink shrimp vessel permit on the basis that:

(1) The vessel for which the permit was issued did not participate in the ocean pink shrimp fishery for three or more preceding consecutive years to annually land at least 5,000 pounds of shrimp in Oregon, California or Washington; or

(2) The holder of the permit did not obtain an exemption from the catch requirement.

Approved by the Governor May 3, 1999

Filed in the office of Secretary of State May 3, 1999

Effective date October 23, 1999

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