Relating to gillnet fishing; amending ORS 508.485, 508.490, 508.755, 508.775 and 508.867 and section 6, chapter 512, Oregon Laws 1989; and repealing ORS 508.460, 508.778, 508.781, 508.784, 508.787, 508.790, 508.792, 508.793 and 508.796.




     70th OREGON LEGISLATIVE ASSEMBLY--1999 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 3232

                         House Bill 3079

Sponsored by Representative LOWE (at the request of Oscar Larsen)


                             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.

  Prohibits gillnet fishing on Columbia River.

                        A BILL FOR AN ACT
Relating to gillnet fishing; amending ORS 508.485, 508.490,
  508.755, 508.775 and 508.867 and section 6, chapter 512, Oregon
  Laws 1989; and repealing ORS 508.460, 508.778, 508.781,
  508.784, 508.787, 508.790, 508.792, 508.793 and 508.796.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 508.775 is amended to read:
  508.775. (1) Notwithstanding any other provision of the
commercial fishing laws,   { - it is unlawful for an individual
to operate a vessel in the Columbia River gillnet salmon fishery
without first obtaining a vessel permit issued pursuant to ORS
508.775 to 508.796. However, an individual who holds valid
commercial fishing licenses and vessel permits required by and
issued pursuant to the laws of the State of Washington for
commercial salmon fishing in the Columbia River may land salmon
in this state that were taken in the Columbia River gillnet
salmon fishery without the permit otherwise required by this
subsection. - }  { +  a person may not fish on the Columbia River
using a gill net. + }
  (2) Notwithstanding any other provision of the commercial
fishing laws, it is unlawful for a wholesaler, canner or buyer to
buy or receive salmon taken in the Columbia River gillnet
fishery { + . + }
  { - from an individual who does not have the permit required by
subsection (1) of this section. - }
    { - (3) The permit required by subsection (1) of this section
is in addition to and not in lieu of the boat license required by
ORS 508.260. - }
  SECTION 2. 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) - }   { + (a) + } Three members shall be chosen to
represent the ocean troll salmon fishing industry.
    { - (c) - }   { + (b) + } Three members shall be chosen to
represent the ocean pink shrimp fishing industry.
    { - (d) - }   { + (c) + } Three members shall be chosen to
represent the Yaquina Bay roe-herring fishing industry.
    { - (e) - }   { + (d) + } Three members shall be chosen to
represent the sea urchin commercial fishery.
    { - (f) - }   { + (e) + } Three members shall be chosen to
represent the ocean Dungeness crab fishing industry.
    { - (g) - }   { + (f) + } 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) - }   { + (a) + } 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) - }   { + (b) + } 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) - }   { + (c) + } 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) - }   { + (d) + } 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) - }   { + (e) + } 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.
  SECTION 3. ORS 508.867 is amended to read:
  508.867. (1) Notwithstanding ORS 508.755   { - (6)(b) and
(c) - }  { +  (6)(a) and (b) + }, 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. 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 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 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 the authority to
waive eligibility requirements for renewal of permits.
  SECTION 4. Section 6, chapter 512, Oregon Laws 1989, as amended
by section 2, chapter 184, Oregon Laws 1991, and section 10,
chapter 8, Oregon Laws 1997, is amended to read:
   { +  Sec. 6. + } In addition to the fees otherwise prescribed
by law, the issuer of   { - each of the following permits - }
 { + an ocean troll salmon fishery permit + } shall charge and
collect each time the permit is issued, during the period
beginning January 1, 1998, and ending December 31, 2003,
 { - the following surcharges - }  { +  a surcharge of  + }
 { - : - }
    { - (1) Ocean Troll Salmon Fishery permit issued under ORS
508.816, - }  $65.
    { - (2) Columbia River Gillnet Fishery permit issued under
ORS 508.790, $74. - }
  SECTION 5. ORS 508.485 is amended to read:
  508.485. Except for vessel licenses prescribed in ORS 508.285,
508.470, 508.755,   { - 508.775 to 508.796, - }  508.801 to
508.825, 508.880, 508.883 and 508.889 to 508.910, the State Fish
and Wildlife Commission may, in its discretion, revoke for the
remainder of the license year any license issued to such person
under the authority of the commission or the State Fish and
Wildlife Director, and in its discretion may refuse the issuance
of any license issued under the authority of the commission or
director during any period not to exceed one year from the date
of the license revocation order:
  (1) Upon conviction within this state of any person of
violation of any of the commercial fishing laws or rules or upon
forfeiture of bail on account of one of such offenses;
  (2) Upon receiving notice from the agency that regulates
commercial fishing in the State of Washington of the conviction
of any person in that state of an offense which was a violation
of Columbia River commercial fishing rules adopted pursuant to
the Columbia River Compact and which if committed in this state
would be grounds for license revocation pursuant to subsection
(1) of this section; or
  (3) Upon conviction within this state of any person for
violation of ORS 498.022, or any rule promulgated pursuant
thereto, involving game fish, through the use of a license issued
pursuant to the commercial fishing laws, or upon forfeiture of
bail in connection with such an offense.
  (4) Upon conviction within this state of a person for violation
of ORS 164.043 to 164.065 when the subject of the theft is
commercial fishing crab rings or crab pots, or the crabs taken
therefrom, or upon forfeiture of bail on account of any such
offense.
  SECTION 6. ORS 508.490 is amended to read:
  508.490. Except for vessel licenses prescribed in ORS 508.260
and vessel permits prescribed in ORS 508.285, 508.470, 508.755,
  { - 508.775 to 508.796, - }  508.801 to 508.825, 508.880,
508.883 and 508.889 to 508.910, the State Fish and Wildlife
Commission may, in its discretion, refuse the issuance of any
license issued under the authority of the commission or the State
Fish and Wildlife Director during any period not to exceed two
years from the date of the license revocation order:
  (1) Upon conviction within this state of any person of
violation of any of the commercial fishing laws or rules after
such person has once been convicted and penalized under ORS
508.485; or
  (2) Upon receiving notice from the agency that regulates
commercial fishing in the State of Washington of the conviction
of any person in that state of an offense which was a violation
of Columbia River commercial fishing rules adopted pursuant to
the Columbia River Compact and which if committed in this state
would be grounds for refusal to issue a license pursuant to
subsection (1) of this section.
  SECTION 7.  { + ORS 508.460, 508.778, 508.781, 508.784,
508.787, 508.790, 508.792, 508.793 and 508.796 are repealed. + }
                         ----------