(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. [1979 c.613 §9; 1981 c.365 §3; 1983 c.797 §5; 1985 c.159 §1; 1987 c.912 §4; 1989 c.441 §1; 1995 c.602 §14; 2007 c.461 §2]
Section: Previous 508.804 508.807 508.808 508.810 508.813 508.816 508.819 508.822 508.825 508.828 508.840 508.843 508.846 508.849 508.852 NextLast modified: August 7, 2008