2017 ORS 508.796¹
Review of permit denial
  • fee
  • rules
  • limitation on transfer of certain permits

(1) An individual whose application for renewal of the permit required by ORS 508.775 (Vessel permit required to engage in fishery) 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 $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 (Judicial review of agency orders) to 183.500 (Appeals). 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. [1979 c.679 §10; 1981 c.365 §15; 1989 c.940 §5; 1995 c.602 §8; 2009 c.832 §32]

Note: Sections 4 to 6, chapter 672, Oregon Laws 2013, provide:

Sec. 4. Columbia River fisheries transition support. (1) The State Department of Fish and Wildlife shall establish and implement a Columbia River fisheries transition program, using moneys in the Columbia River Fisheries Transition Fund established under section 5 of this 2013 Act, to provide grants to assist counties to implement county programs under which:

(a) Compensation is provided to individuals who hold vessel permits issued pursuant to ORS 508.775 (Vessel permit required to engage in fishery) to 508.796 (Review of permit denial) and who provide documentation of economic harm resulting from restrictions related to Columbia River fish management and reform adopted by rule of the State Fish and Wildlife Commission; and

(b) Financial assistance is provided to individuals who hold vessel permits issued pursuant to ORS 508.775 (Vessel permit required to engage in fishery) to 508.796 (Review of permit denial) and who demonstrate a history of recent landings under a permit issued pursuant to ORS 508.775 (Vessel permit required to engage in fishery) to 508.796 (Review of permit denial), to help offset the cost to those individuals of fishing equipment required as a result of fishing gear changes caused by restrictions related to Columbia River fish management and reform adopted by rule of the commission.

(2) Subject to available funding in the Columbia River Fisheries Transition Fund, a county qualifies for a grant under the Columbia River fisheries transition program if the county:

(a) Establishes a county program to:

(A) Compensate individuals who hold vessel permits issued pursuant to ORS 508.775 (Vessel permit required to engage in fishery) to 508.796 (Review of permit denial) and who provide documentation of economic harm resulting from restrictions related to Columbia River fish management and reform adopted by rule of the commission.

(B) Provide financial assistance to individuals who hold vessel permits issued pursuant to ORS 508.775 (Vessel permit required to engage in fishery) to 508.796 (Review of permit denial) and who demonstrate a history of recent landings under a permit issued pursuant to ORS 508.775 (Vessel permit required to engage in fishery) to 508.796 (Review of permit denial), to help offset the cost to those individuals of fishing equipment required as a result of fishing gear changes caused by restrictions related to Columbia River fish management and reform adopted by rule of the commission.

(b) Establishes a county advisory committee to oversee the county program, consisting of at least one member who is a county commissioners, two members who hold vessel permits issued pursuant to ORS 508.775 (Vessel permit required to engage in fishery) to 508.796 (Review of permit denial) or who have expertise related to commercial fisheries and two members who are not employed in the commercial fishing industry and who represent the public interest in the equitable administration of public funds.

(c) Allows all individuals who hold vessel permits issued pursuant to ORS 508.775 (Vessel permit required to engage in fishery) to 508.796 (Review of permit denial) to participate in the county program.

(3) As used in this section, “economic harm” means the reduction, unrelated to environmental and market variability or personal circumstances, in the annual income of an individual who holds a vessel permit issued pursuant to ORS 508.775 (Vessel permit required to engage in fishery) to 508.796 (Review of permit denial) from fishing under the permit that is due to Columbia River fish management and reform adopted by rule of the commission. [2013 c.672 §4]

Sec. 5. (1) The Columbia River Fisheries Transition Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Columbia River Fisheries Transition Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Fish and Wildlife Commission to carry out the provisions of section 4 of this 2013 Act.

(2) The commission may accept grants, donations, contributions or gifts from any source for deposit in the Columbia River Fisheries Transition Fund.

(3) The Columbia River Fisheries Transition Fund shall consist of:

(a) Moneys accepted by the commission pursuant to subsection (2) of this section.

(b) General Fund moneys appropriated to the Columbia River Fisheries Transition Fund by the Legislative Assembly. [2013 c.672 §5]

Sec. 6. (1) Sections 4 and 5 of this 2013 Act are repealed on January 2, 2019.

(2) The Columbia River Fisheries Transition Fund established under section 5 of this 2013 Act is abolished January 2, 2019.

(3) Any unexpended moneys remaining in the Columbia River Fisheries Transition Fund on January 2, 2019, shall be transferred to the Columbia River Fisheries Enhancement Fund established under section 7 of this 2013 Act. [2013 c.672 §6]

Chapter 508

Law Review Cita­tions

12 EL 81 (1981)

1 Legislative Counsel Committee, CHAPTER 508—Licenses and Permits, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors508.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 508, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano508.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.