68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
HA to HB 3094
LC 2828
HOUSE AMENDMENTS TO
HOUSE BILL 3094
By COMMITTEE ON NATURAL RESOURCES
April 14
On page 1 of the printed bill, delete lines 5 through 31 and
delete pages 2 through 4 and insert:
' { + SECTION 1. + } { + Sections 2 to 6 of this Act are
added to and made a part of ORS chapter 508. + }
' { + SECTION 2. + } { + The Legislative Assembly finds that
the Oregon ocean Dungeness crab fishery is overcapitalized. This
overcapitalization has led to economic destabilization of the
ocean Dungeness crab industry and the coastal communities relying
on the crab harvest and can cause excessive harvesting pressure
on Oregon's ocean Dungeness crab resources. Since the state
legislatures of Washington and California have enacted programs
restricting participation in the ocean Dungeness crab fishery,
the possibility of increased effort in Oregon coastal waters by
displaced vessels is increased. Notwithstanding any other
provision of the commercial fishing laws, in order to promote the
economic well-being of the Oregon ocean Dungeness crab industry
and the coastal communities relying on the harvest, to protect
the livelihood of participants in the Oregon ocean Dungeness crab
fishery who have historically and continuously participated in
the ocean Dungeness crab fishery and to prevent a concentration
of fishing effort, the State Fish and Wildlife Commission by rule
shall establish a system for restricting participation in the
Oregon ocean Dungeness crab fishery.
+ } ' { + SECTION 3. + } { + (1) Notwithstanding any other
provision of the commercial fishing laws, it is unlawful for an
individual to operate a vessel in the ocean Dungeness crab
fishery without first obtaining a vessel permit issued pursuant
to section 4 or 6 of this 1995 Act.
' (2) Notwithstanding any other provision of the commercial
fishing laws, it is unlawful for a wholesaler, canner or buyer to
buy or receive ocean Dungeness crab taken in the ocean fishery
from a vessel for which the permit required by subsection (1) of
this section has not been issued.
' (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 4. (1) The system established under section 2 of this
1995 Act shall provide initial eligibility for vessels to
participate in the ocean Dungeness crab fishery seasons
established by the State Fish and Wildlife Commission, beginning
on December 1, 1995, with a transferable ocean Dungeness crab
permit only if:
' (a) The vessel for which application is made was continuously
licensed pursuant to ORS 508.260 for the calendar years 1991
through 1994, and was used in the ocean Dungeness crab fishery to
lawfully land into Oregon ports at least 500 pounds of ocean
Dungeness crab in each of two fishing seasons between December 1,
1988, and December 31, 1994;
' (b) The vessel for which application is made was under
construction between December 1, 1988, and August 14, 1991, for
the purpose of ocean Dungeness crab fishing in waters of this
state, and the vessel lawfully landed at least 500 pounds of
ocean Dungeness crab in each of two crab fishing seasons between
December 1, 1988, and December 31, 1994, and was licensed as an
Oregon vessel from the date of completion; or
' (c) The vessel for which application was made was used in the
ocean Dungeness crab fishery to lawfully land into Oregon ports
at least 500 pounds of ocean Dungeness crab in each of two crab
fishing seasons between December 1, 1991, and December 31, 1994,
and is owned by a person who, prior to December 31, 1994, sold a
vessel that was used prior to sale in the ocean Dungeness crab
fishery to lawfully land into Oregon ports at least 500 pounds of
ocean Dungeness crab in each of two crab fishing seasons between
December 1, 1988, and December 31, 1994, and who, as a condition
of the sale, retained the sold vessel's commercial fishing rights
to fish for ocean Dungeness crab in the ocean waters of Oregon.
' (2) As used in this section, 'crab fishing season' is that
time period from December 1 of one year through August 14 of the
next year. + }
' { + SECTION 5. + } { + (1) The system established under
section 2 of this 1995 Act shall include provisions to make the
vessel ocean Dungeness crab permit required by section 3 of this
1995 Act 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 shall not be:
' (a) More than 10 feet longer than the vessel from which the
permit is transferred; and
' (b) More than 99 feet in length.
' (3) Transfer of a permit under this section is subject to the
prior 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.
' (4) A vessel ocean Dungeness crab permit shall not be
transferred to another vessel more than once in a 60-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.
' (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. + }
' { + SECTION 6. + } { + (1) The system established under
section 2 of this 1995 Act shall include any other qualifications
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 183.310 to 183.550. The board may waive the
eligibility requirements contained in section 4 of this 1995 Act
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. 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.
' (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. + }
' { + SECTION 7. + } { + The State Department of Fish and
Wildlife shall report to the Sixty-ninth Legislative Assembly on
the number and vessel characteristics of vessels participating in
the ocean Dungeness crab fishery. The report shall contain
information regarding transfers of permits authorized by this Act
and actions of the Commercial Fishery Permit Board pursuant to
section 6 of this Act, and shall make recommendations regarding
the need, feasibility, structure and implementation of a permit
buy-back program sponsored by the fishing industry. + }
' { + SECTION 8. + } ORS 508.920 is amended to read:
' 508.920. (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. + }
' { - (f) - } { + (g) + } 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 chairman 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 { - and
508.991 - } .
' (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 section 2 of this 1995
Act. + } ' .
----------