Or. Admin. Code § 635-005-0770 - Transferability of Weathervane Scallop Permits

(1) Any transfer of a Weathervane Scallop Permit away from a vessel without the written consent of each person holding a security interest in such vessel is void. Weathervane Scallop Permit holders may transfer a permit pursuant to ORS 508.864.

(2) 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 § 635-005-0770

DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12; 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 & 508.864