Current through 2024 Regular Session legislation effective June 6, 2024
Section 508.936 - Permit transfer restrictions; rules; fee(1) The system established under ORS 508.921 shall include provisions to make the vessel ocean Dungeness crab permit required by ORS 508.926 transferable: (a) To another vessel; or(b) To the purchaser of the vessel when the vessel is sold.(2) Except as provided in subsection (3) of this section, the vessel to which a permit is transferred may not be:(a) More than 10 feet longer than the vessel from which the permit is transferred; or(b) More than 99 feet in length.(3) A permit that is transferred 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.(4) Notwithstanding subsections (2) and (3) of this section, a permit issued to a vessel: (a) Under ORS 508.931(1)(e) shall be transferred only to a vessel that is 26 feet or less in length.(b) May not be transferred to a vessel that is more than 10 feet longer than the vessel for which the permit was held on January 1, 2006. However, the Commercial Fishery Permit Board may waive the length restriction in this paragraph if the board finds that strict adherence to the length restriction would create undue hardship, as that term is defined by rule by the State Fish and Wildlife Commission, for the individual seeking transfer of the permit.(5) Transfer of a permit under this section is subject to the approval of the State Department of Fish and Wildlife according 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.(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.(7) A fee of $100 shall be charged for each transfer of a vessel permit under this section.Amended by 2014 Ch. 1,§ 5, eff. 2/26/2014.1995 c.484 §5; 2005 c. 629, § 3; 2009 c. 832, § 42