1. (1) An individual licensed as a commercial harvester under ORS 508.235 or ORS 508.312 or a vessel is eligible to obtain a Bay Clam Dive Permit required by OAR 635-005-0310:

   1. (a) For a South Coast Bay Clam Dive Permit for the year 2006, if a South Coast Bay Clam Dive Permit was issued to the individual or vessel under the Developmental Fisheries Program in 2005 and lawfully made five landings consisting of at least 100 pounds each landing or an annual total of 2,500 pounds of bay clams, using dive gear in Oregon in 2005;
   2. (b) For a Coast Wide Bay Clam Dive Permit for the year 2006, if a Coast Wide Bay Clam Dive Permit was issued to the individual or vessel under the Developmental Fisheries Program in 2005 and lawfully made five landings consisting of at least 100 pounds each landing or an annual total of 2,500 pounds of bay clams, using dive gear in Oregon in 2005.
   3. (c) After 2006, by renewal of the previous years’ permit and satisfaction of the requirements in OAR 635-005-0330; or
   4. (d) Through the lottery if a lottery is held in accordance with OAR-005-0335.
2. (2) In making determinations regarding issuance or renewal of any limited entry 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.

Statutory/Other Authority

ORS 506.036, 506.109, 506.119 & 506.129

Statutes/Other Implemented

ORS 506.109 & 506.129

History

DFW 32-2013, f. & cert. ef. 5-14-13
DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12