Or. Admin. Code § 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.

Notes

Or. Admin. Code § 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 1/1/2021

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

Statutes/Other Implemented: ORS 506.109, 506.129 & 508.957