Or. Admin. Code § 635-004-0395 - Eligibility Requirements for a Permit

(1) An individual or entity is eligible to obtain a Sardine Permit required by OAR 635-004-0385:

(a) If issued a Sardine Permit under the Developmental Fisheries Program in 2005;

(b) Lawfully made landings of sardines into Oregon in 2003 and 2004; and

(c) Lawfully landed:

(A) At least 1,500 metric tons or 35 deliveries in any one year from 2000 through 2004; or

(B) A total of 100 deliveries of sardines into Oregon in 2000 through 2004.

(2) If the number of permits issued under section (1) of this rule is less than 20, enough permits to reach a total of 20 may be issued under section (3) of this rule to vessels in order of highest total number of deliveries during 2000-2004.

(3) An individual or entity is eligible to obtain a Sardine Permit under section (2) of this rule if the vessel for which applications is made:

(a) Was not issued a permit under section (1) of this rule; and

(b) Lawfully made landings of sardines into Oregon in 2003 and 2004; and

(c) Lawfully landed:

(A) At least 1,500 metric tons or 35 deliveries in any one year from 2000 through 2004; or

(B) A total of 100 deliveries of sardines into Oregon in 2000 through 2004.

(4) In addition to those Sardine Fishery Permits previously issued by the Department in calendar year 2006, the Department shall issue a Sardine Fishery Permit to any individual or entity, if that individual or entity held a legally qualified Oregon Developmental Fisheries Permit for Sardines on August 1, 2005, provided that neither the individual or entity has been previously issued an Oregon Sardine Fishery Permit in 2006.

(5) An individual or entity is eligible to obtain a Sardine Permit required by OAR 635-004-0385:

(a) By renewal of the previous year's permit as specified in OAR 635-004-0405; or

(b) Through the lottery if a lottery is held in accordance with OAR 635-004-0410.

(6) In making determinations regarding issuance or renewal of a Sardine Permit, the Department and the Commercial Fishery Permit Board may consider as evidence of permit qualifications or requirements Department records and such receipts, accounts, contracts and other business records of private parties as the Department or the Board considers reliable evidence of the qualifications or requirements in question.

Notes

Or. Admin. Code § 635-004-0395

DFW 75-2012, f. 6-28-12, cert. ef. 7-1-12

Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129

Stats. Implemented: ORS 506.109 & 506.129