1. (1) An individual whose application for issuance, renewal or transfer of a Yaquina Bay Roe-Herring Permit established pursuant to OAR 635-004-0460, 635-004-0485 and 635-004-0495 is denied may make written request to the Board for review of the denial. The procedure for requesting review and the applicable standard of review of denial for a Yaquina Bay Roe-Herring Permit shall be as provided in ORS 508.765.

2. (2) For the Yaquina Bay roe-herring fishery, the Board may waive renewal requirements for permits if the Board finds that:

   1. (a) The individual for personal or economic reasons chose to actively commercially fish the permit vessel in some other ocean fishery during the roe-herring season; or
   2. (b) Strict adherence to requirements were not met as a result of undue hardship as defined in OAR 635-004-0215.
3. (3) The Board may delegate to the Department its authority to waive requirements for renewal of Yaquina Bay Roe-Herring Permits in such specific instances as the Board sets forth in a Letter of Delegation to the Department.
4. (4) The Yaquina Bay roe-herring fishery requires a $125 non-refundable application fee for Board review. However, if the Board grants the applicant’s request, the non-refundable fee shall apply toward the permit fee.
5. (5) Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 to 183.550.

Statutory/Other Authority

ORS 506.036, 506.109, 506.119 & 506.129

Statutes/Other Implemented

ORS 506.109, 506.129 & 508.765

History

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