Or. Admin. R. 635-005-0440

Current through Register Vol. 63, No. 8, August 1, 2024

Section 635-005-0440 - Transferability of Ocean Dungeness Crab 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) Ocean Dungeness Crab Permit holders may transfer a permit:

(a) Pursuant to ORS 508.936; and

(b) Once in an 18-month period, provided the vessel holding the permit has landed at least 500 pounds of ocean Dungeness crab into Oregon in each of two ocean Dungeness crab fishing seasons in the last five ocean Dungeness crab fishing seasons, which includes landings made during any season open at the time of application. However, the Board may waive the landing requirement as well as the 18-month waiting period for transfers, if the Board finds strict adherence to this requirement was not met by the individual seeking to transfer a permit as a result of undue hardship as defined in OAR 635-005-0240. The Board also may delegate to the Department its authority to waive these requirements in such specific instances as the Board sets forth in a Letter of Delegation to the Department.

(3) An Ocean Dungeness Crab Permit is transferable:

(a) To another vessel; or

(b) To the purchaser of the vessel when the vessel is sold.

(4) The vessel to which an Ocean Dungeness Crab Permit is transferred:

(a) Shall not be more than 10 feet longer than the vessel which held the permit on January 1, 2006, except that a permit transferred to to a vessel that is more than 10 feet shorter than the vessel for which the permit was held on January 1, 2013, may subsequently be transferred to a vessel of a length equal to or less than the length of the vessel for which the permit was held on January 1, 2013;

(b) Shall not be more than 99 feet in length; and

(c) Shall not be more than 26 feet in length if the Ocean Dungeness Crab Permit was obtained as a result of qualifying under subsection (1)(e) of ORS 508.931.

(5) For the purpose of subsection (4)(a) of this rule, the Commercial Fishery Permit Board may waive the vessel length restriction if it finds that strict adherence to this requirement was not met as a result of undue hardship as defined in OAR 635-005-0240.

(6) In the event a vessel is destroyed due to fire, capsizing, sinking or other event, the vessel owner has up to two years to transfer the Ocean Dungeness Crab Permit to a replacement vessel.

(7) Ocean Dungeness Crab Permit transfers are suspended during split season openings as pursuant to OAR 635-005-0465(2).

(8) 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. 635-005-0440

DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12; DFW 113-2014, f. 8-5-14, cert. ef. 8-15-14; DFW 150-2017, amend filed 12/12/2017, effective 1/1/2018

Statutory/Other Authority: ORS 506.036, 506.109, 506.119 & 506.129

Statutes/Other Implemented: ORS 506.109 & 506.129