§ 508.765. Roe-herring limited participation; terms; conditions; fees; rules (future operative version)

1. (1) Notwithstanding any other provision of the commercial fishing laws, in order to provide a roe-herring commercial fishery with optimum profits to those engaged in the fishery and to prevent a concentration of fishing effort that would deplete the resource, the State Fish and Wildlife Commission, by rule, shall establish a system for limiting participation in the roe-herring commercial fishing. Any such system may include, but is not limited to, provisions on the following matters:

   1. (a) Establishment of criteria for initial entry into fishery participation and for annual qualification for participation thereafter.
   2. (b) Establishment of terms and conditions for transferring participation rights.

2. (2)

   1. (a) The annual fee to participate in the roe-herring fishery is:

      1. (A) $152 for resident applicants.
      2. (B) $212 for nonresident applicants.
   2. (b) A fee of $115 shall be charged for each transfer of participation rights under this section.

3. (3)

   1. (a) A denial by the commission of an application for renewal of any permit or transfer of any permit established under this section shall be subject to review by the Commercial Fishery Permit Board upon written request of the applicant. The review provided under this subsection shall be in lieu of any such review by the commission or the State Department of Fish and Wildlife.
   2. (b) Request for review under this subsection shall be on such forms and contain such information as the board shall determine. Requests for review shall be accompanied by a $125 fee, which fee shall apply toward any applicable permit fees resulting from an order of the board in favor of the requesting applicant.
4. (4) Orders issued by the board are not subject to review by the commission but may be appealed as provided in ORS chapter 183.
5. (5) According to the provisions of ORS chapter 183, the board shall adopt such rules as it determines necessary to carry out its duties, functions and powers.