Bill Text: OR HB4050 | 2012 | Regular Session | Enrolled
Bill Title: Relating to the ocean troll salmon fishery; and declaring an emergency.
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Passed) 2012-03-05 - Chapter 17, (2012 Laws): Effective date March 5, 2012. [HB4050 Detail]
Download: Oregon-2012-HB4050-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
House Bill 4050
Sponsored by Representatives KRIEGER, ROBLAN; Representatives
GILLIAM, JENSON, WAND, Senators ATKINSON, GIROD, VERGER
(Presession filed.)
CHAPTER ................
AN ACT
Relating to the ocean troll salmon fishery; creating new
provisions; amending ORS 508.804, 508.819 and 508.822; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 508.804 is amended to read:
508.804. { - Except as provided in ORS 508.819, - } No new
vessel permits shall be issued { + in the ocean troll salmon
fishery after the effective date of this 2012 Act + }.
SECTION 2. ORS 508.819 is amended to read:
508.819. { - (1)(a) Except as provided in subsections (2) and
(3) of this section, if the number of permits renewed under ORS
508.807 falls below 1,000, the State Department of Fish and
Wildlife shall issue permits by a lottery system for vessels that
do not meet the requirements of ORS 508.807. However, the number
of permits issued pursuant to any such lottery system may not
increase the number of permits issued to a total number greater
than 1,000. - }
{ - (b) In issuing permits under the lottery system, the
department shall issue permits for vessels based on the following
categories: - }
{ - (A) Vessels less than or equal to 30 feet; - }
{ - (B) Vessels greater than 30 feet and less than or equal
to 42 feet; or - }
{ - (C) Vessels greater than 42 feet. - }
{ - (c) When a vessel in one category does not renew its
permit, only another vessel in the same category, or a vessel in
a category for vessels of a smaller size, may qualify for the
permit. - }
{ - (d) When the department holds a lottery under this
section, the following fees shall be charged for each vessel
permit that the department issues as a result of the lottery: - }
{ - (A) For vessels less than or equal to 30 feet, $250. - }
{ - (B) For vessels greater than 30 feet and less than or
equal to 42 feet, $500. - }
{ - (C) For vessels greater than 42 feet, $750. - }
{ - (2) The State Fish and Wildlife Commission may, in its
discretion, suspend the lottery for up to two years. Suspension
shall be based on the commission's assessment of the condition of
Enrolled House Bill 4050 (HB 4050-INTRO) Page 1
the resource and shall account for the recommendations of the
Troll Salmon Permit Review Board. - }
{ - (3) - } The { + State + } Department { + of Fish and
Wildlife + } shall consider a permit transferred to, purchased by
or otherwise held by the federal government as a permit renewed
under ORS 508.807.
{ - A permit transferred to, purchased by or otherwise held by
the federal government is a permit under the limit of 1,000
permits established by this section. - }
SECTION 3. ORS 508.822 is amended to read:
508.822. (1) The vessel permit required by ORS 508.801 is
transferable:
(a) To a replacement vessel of the permit holder.
(b) To the purchaser of the vessel when the vessel is sold.
(c) Upon request of a permit holder, { - transfer of a
permit - } to a replacement vessel owned by an individual other
than the permit holder if authorized by the State Department of
Fish and Wildlife. However, 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) Permits may be transferred between vessels where both
vessels fall within any one of the following categories:
(a) Vessels less than or equal to 30 feet;
(b) Vessels greater than 30 feet and less than or equal to 42
feet; or
(c) Vessels greater than 42 feet.
(3) A permit may be transferred from a vessel that is in one of
the categories defined in subsection (2) of this section to a
vessel that is in a different category provided that no vessel
permit may be transferred to a vessel more than five feet longer
than the vessel from which the permit is being transferred.
(4) { - (a) - } { - Notwithstanding subsection (3) of this
section and except for transfer to another vessel owned by the
current permit holder, a vessel permit may be transferred to a
vessel over 30 feet in length only if, in the calendar year prior
to transfer, the vessel from which the permit is being
transferred was used in the ocean troll salmon fishery in Oregon,
Alaska, Washington or California to take 100 pounds of salmon.
The department, by rule, may require proof of vessel ownership
prior to the transfer of a permit away from any vessel. This
section shall not be effective in the calendar year following a
year in which the number of permits issued pursuant to ORS
508.801 is less than 1,000. - }
{ - (b) - } A vessel permit may not be transferred more than
once in any 12-month period. However, the Commercial Fishery
Permit Board may waive the waiting period for additional transfer
if the board finds that strict adherence to the waiting period
would create undue hardship for the individual seeking transfer
of the permit.
(5) Persons requesting the transfer of a permit pursuant to
subsection (1)(c) of this section shall provide to the department
copies of documents or state registration for each vessel as
proof of the length and ownership.
(6) A fee of $100 shall be charged for each transfer of a
vessel permit under this section.
SECTION 4. { + The amendments to ORS 508.819 by section 2 of
this 2012 Act do not affect:
(1) The validity of any permits issued by the State Department
of Fish and Wildlife under the provisions of ORS 508.819 prior to
the effective date of this 2012 Act; and
Enrolled House Bill 4050 (HB 4050-INTRO) Page 2
(2) The renewal on or after the effective date of this 2012 Act
of a permit issued by the State Department of Fish and Wildlife
under the provisions of ORS 508.819 prior to the effective date
of this 2012 Act. + }
SECTION 5. { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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Passed by House February 14, 2012
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate February 23, 2012
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 4050 (HB 4050-INTRO) Page 3
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 4050 (HB 4050-INTRO) Page 4
