OAR 635-004-0480
Review of Denials
(1)
An individual whose application for issuance, renewal or transfer of a Yaquina Bay Roe-Herring Permit established pursuant to OAR 635-004-0460 (Requirement for Yaquina Bay Roe-Herring Permit), 635-004-0485 (Renewal of Yaquina Bay Roe-Herring Permit) and 635-004-0495 (Transferability of Yaquina Bay Roe-Herring Permits) 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 (Roe-herring limited participation).(2)
For the Yaquina Bay roe-herring fishery, the Board may waive renewal requirements for permits if the Board finds that:(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(b)
Strict adherence to requirements were not met as a result of undue hardship as defined in OAR 635-004-0215 (Definitions).(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)
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)
Orders issued by the Board are not subject to review by the Commission, but may be appealed as provided in ORS 183.480 (Judicial review of agency orders) to 183.550.
Source:
Rule 635-004-0480 — Review of Denials, https://secure.sos.state.or.us/oard/view.action?ruleNumber=635-004-0480
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