OAR 635-006-0235
Revocation of and Refusal to Issue Commercial Fishing and Fish Dealer Licenses


(1)

Except as provided in section (2) of this rule in accordance with ORS 508.485 (Revocation of license or permit for violation of commercial fishing laws or rules or theft of crab fishing gear) and ORS 508.490 (Refusal to issue license or permit pursuant to commercial fishing laws within two years after revocation), upon the third conviction or third forfeiture of bail within three years for violation of any of the Commercial Fishing Laws of the State of Oregon or for conviction in the State of Washington of an offense which was a violation of Columbia River Commercial fishing rules adopted pursuant to the Columbia River Compact, by any person, the Commission shall initiate contested case proceedings in accordance with the Administrative Procedures Act (ORS Chapter 183 (Administrative Procedures Act)) to revoke, or refuse to issue, licenses issued under the Commercial Fishing Laws (ORS Chapters 506-513).

(2)

Convictions or forfeiture of bail for exceeding trip limits in the groundfish trawl fishery, where the trip limit has not been exceeded by more than 15%, shall not be considered as a conviction or forfeiture of bail for purposes of section (1) of this rule.

(3)

The Commission shall appoint a hearings officer to conduct the contested case hearing prescribed in section (1) of this rule.

(4)

Intentionally left blank —Ed.

(a)

In addition to the hearings officer, the Commission may appoint a three-member License Revocation Board to be present at the hearing and to make advisory recommendations to the Commission concerning revocation or refusal to issue a license to that person. License Revocation Boards shall consist of members representing the following fishing industries:

(A)

Troll salmon;

(B)

Gillnet salmon;

(C)

Groundfish and shrimp;

(D)

Crab;

(E)

All other commercial fisheries.

(b)

Only members from the appropriate License Revocation Board shall participate in hearings related to their subject area. The hearings officer shall notify the appropriate License Revocation Board of the date, time and place of the hearing, and shall provide any other public notice required by ORS Chapter 183 (Administrative Procedures Act);

(c)

At the hearing, the License Revocation Board may request the hearings officer call additional witnesses or seek additional evidence;

(d)

At the conclusion of the hearing, the License Revocation Board shall prepare written recommendations concerning the disposition of the case, which the License Revocation Board shall serve on all parties and forward to the Commission.

(5)

A proposed order in the form prescribed by OAR 137-003-0070 (Final Orders in Contested Cases), including findings of fact and conclusions of law, shall be prepared by the hearings officer, served on all parties, and shall be forwarded to the Commission.

(6)

In accordance with ORS Chapter 183 (Administrative Procedures Act), the Commission shall provide an opportunity to all parties to respond in writing within a period set by the Commission to the proposed order of the hearings officer and to the written recommendations submitted by the License Revocation Board.

(7)

In deciding whether to revoke or refuse to issue a license, the Commission shall consider:

(a)

The recommendation of the License Revocation Board;

(b)

The gravity of the most recent offense, including whether the offense was a felony and whether the offense involved a closed season, closed area, or unlawful gear;

(c)

The gravity of the other commercial fishing offenses of which the person has been convicted or forfeited bail;

(d)

The impact of the offense on the fisheries resources of the state or, where relevant, on the State of Washington, including consideration of the species involved;

(e)

Whether the person also has been convicted of or forfeited bail for violations of the Wildlife laws of the State of Oregon.

Source: Rule 635-006-0235 — Revocation of and Refusal to Issue Commercial Fishing and Fish Dealer Licenses, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=635-006-0235.

635‑006‑0001
Definitions
635‑006‑0005
Fishing Gear Specifications and Operation
635‑006‑0010
Possession of Unlawful Fishing Gear Prohibited
635‑006‑0015
Personal Use Fishing with Commercial Fishing Gear Prohibited
635‑006‑0020
Experimental Fishing Gear Permit
635‑006‑0100
Retail Fish Dealer License
635‑006‑0105
Wholesale Fish Dealer License
635‑006‑0110
Food Fish Canner License
635‑006‑0115
Shellfish Canner License
635‑006‑0120
Fish Buyer License
635‑006‑0125
Fish-Buying Station License
635‑006‑0130
Wholesale Fish Bait Dealer License
635‑006‑0131
Retail Fish Bait Dealer License
635‑006‑0132
Limited Fish Sellers Permit
635‑006‑0134
Bonding Requirements
635‑006‑0135
Alteration, Borrow, or Loan License Unlawful
635‑006‑0136
License Holder Consent to Inspection
635‑006‑0140
Boat License
635‑006‑0145
Commercial Fishing License
635‑006‑0150
Single Delivery License
635‑006‑0155
Juvenile Jig Line License
635‑006‑0160
Bait Fishing License
635‑006‑0165
Commercial Fisher Transportation Report
635‑006‑0200
Required Records
635‑006‑0201
Required Records for Dungeness Crab Traceability
635‑006‑0205
Required Reports
635‑006‑0207
Limited Fish Seller Required Reports
635‑006‑0209
Sorting Required
635‑006‑0210
Fish Receiving Ticket — All Fish
635‑006‑0211
Fish Receiving Ticket — Dungeness crab and Net Caught Groundfish
635‑006‑0212
Fish Receiving Ticket — Salmon
635‑006‑0213
Fish Receiving Ticket — Limited Fish Seller Permit
635‑006‑0215
Monthly Remittance Report
635‑006‑0220
Waiver of Monthly Report
635‑006‑0225
Purchase, Record, Report, and Sale of Steelhead Trout and Walleye from Treaty Indian Fisheries
635‑006‑0230
When Possession of Steelhead or Walleye Unlawful
635‑006‑0231
When Possession of Salmon Unlawful
635‑006‑0232
Damages for Commercial Fishing Violations
635‑006‑0233
Payment for Legal Commercial Fishing Overages
635‑006‑0235
Revocation of and Refusal to Issue Commercial Fishing and Fish Dealer Licenses
635‑006‑0400
Purpose of the Columbia River Gillnet Salmon Vessel Fleet Reduction Program
635‑006‑0405
Definitions Used In the Columbia River Gillnet Salmon Vessel Fleet Reduction Program
635‑006‑0410
Columbia River Gillnet Salmon Vessel Fleet Reduction Program Eligibility Requirements
635‑006‑0412
Death of Eligible Permit Holder
635‑006‑0415
Notification of Permit Holders
635‑006‑0420
Columbia River Gillnet Salmon Vessel Fleet Reduction Program Participation Requirements
635‑006‑0423
Ranking of Applications
635‑006‑0425
Purchase of Permits
635‑006‑1005
Introduction to Restricted Participation Systems Organization
635‑006‑1015
Requirement for Permit
635‑006‑1025
Permit Fee
635‑006‑1035
Eligibility Requirements for a Permit
635‑006‑1050
Evidence of Limited Entry Permit Eligibility
635‑006‑1060
Revocation and Refusal to Issue Permits
635‑006‑1065
Review of Denials (Restricted Participation Systems)
635‑006‑1075
Renewal of Limited Entry Permit
635‑006‑1085
Lottery for Certain Limited Entry Fisheries
635‑006‑1095
Transferability of Permits
635‑006‑1120
Vessel Length Modification in Ocean Dungeness Crab Fishery
635‑006‑1200
Commercial Fishery Permit Boards
635‑006‑1210
Agency Representation by Employee
Last Updated

Jun. 8, 2021

Rule 635-006-0235’s source at or​.us