68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
Enrolled
House Bill 3094
Sponsored by Representative TARNO, Senator BRADBURY;
Representative THOMPSON
CHAPTER ................
AN ACT
Relating to restricted participation in ocean Dungeness crab
fishing; creating new provisions; and amending ORS 508.920.
Be It Enacted by the People of the State of Oregon:
**************************** 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 crab 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 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 was
licensed as an Oregon vessel from the date of completion;
(c) The vessel for which application is 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;
(d) The vessel for which application is made was continuously
licensed pursuant to ORS 508.260 for the calendar years 1991
through 1994, was used in the ocean Dungeness crab fishery to
lawfully land into Oregon ports at least 10,000 pounds of ocean
Dungeness crab in one crab fishing season between December 1,
1988, and December 31, 1994, and the owner of the vessel on
December 31, 1994, demonstrates possession of one or more vessel
licenses described in ORS 508.260 in each of 10 separate years
during the period December 1, 1980, to December 31, 1994; or
(e) The vessel for which application is made was licensed
pursuant to ORS 508.260 during 1994, is 26 feet or less in length
and was used in the ocean Dungeness crab fishery to lawfully land
into Oregon ports at least 100 pounds of ocean Dungeness crab in
at least one crab fishing season between December 1, 1988, and
December 31, 1994.
(2) As used in this section:
(a) 'Crab fishing season' is the time period from December 1 of
one year through August 14 of the next year.
(b) 'Owner' includes any ownership interest in a vessel,
including interests arising from partnership or corporation. + }
**************************** 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) Notwithstanding subsection (2) of this section, a permit
issued to a vessel under section 4 (1)(e) of this 1995 Act shall
be transferred only to a vessel that is 26 feet or less in
length.
(4) Transfer of a permit under this section is subject to the
approval of the State Department of Fish and Wildlife according
Enrolled House Bill 3094 Page 2
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) 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.
(6) 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 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 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, except that the fee for 1995 is waived. + }
**************************** 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:
Enrolled House Bill 3094 Page 3
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. + }
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Enrolled House Bill 3094 Page 4
Passed by House April 20, 1995
Repassed by House June 2, 1995
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 31, 1995
...........................................................
President of Senate
Enrolled House Bill 3094 Page 5
Received by Governor:
......M.,............., 1995
Approved:
......M.,............., 1995
...........................................................
Governor
Filed by Office of Secretary of State:
......M.,............., 1995
...........................................................
Secretary of State
Enrolled House Bill 3094 Page 6