Or. Admin. R. 635-004-0330
Current through Register Vol. 63, No. 9, September 1, 2024
Section 635-004-0330 - Transferability of Permits(1) 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) Black Rockfish / Blue Rockfish / Nearshore Fishery Permit holders may transfer a permit pursuant to ORS 508.957.(3) To be eligible for transfer, the vessel operating under a Black Rockfish / Blue Rockfish / Nearshore Fishery Permit with a Nearshore Endorsement must have made, in the previous calendar year, a minimum of five landings that contained at least 15 pounds of any combination of black rockfish, blue rockfish or nearshore fish in each landing.(4) In the event a buyer fails to complete a purchase agreement for a vessel permit, the seller is eligible for a temporary transfer of the vessel permit back to the seller, if a preliminary injunction is issued by a circuit court requiring the State Department of Fish and Wildlife to allow the seller to continue to operate a vessel in the fishery during the pendency of the proceeding. An order granting a preliminary injunction under this section must include a finding that allowing the seller to continue to operate a vessel in the fishery will not cause excessive harvest pressure on the fishery resource.Or. Admin. R. 635-004-0330
DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12; DFW 148-2016, f. 12-7-16, cert. ef. 1/1/2017; DFW 150-2017, amend filed 12/12/2017, effective 1/1/2018; DFW 155-2020, amend filed 12/22/2020, effective 1/1/2021Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129
Statutes/Other Implemented: ORS 506.109, 506.129 & 508.957