ORS 508.485
Revocation of license or permit for violation of commercial fishing laws or rules or theft of crab fishing gear


(1)

Except for vessel licenses described in ORS 508.285 (License fees) and 508.470 (When licenses expire) and vessel permits described in ORS 508.775 (Vessel permit required to engage in fishery) to 508.796 (Review of permit denial), 508.801 (Vessel permit required to engage in fishery) to 508.825 (Review of permit denial), 508.880 (Vessel permit required to engage in fishery), 508.883 (Use of single delivery license in lieu of vessel permit), 508.889 (Issuance of permits limited) to 508.910 (Review of permit denial) and 508.926 (Vessel permit required to engage in fishery), the State Fish and Wildlife Commission may, in its discretion, revoke for the remainder of the license or permit year any license or permit issued to a person under the authority of the commission, or the State Fish and Wildlife Director, pursuant to the commercial fishing laws, and in its discretion may refuse the issuance of any license or permit issued under the authority of the commission, or director, pursuant to the commercial fishing laws, during any period not to exceed one year from the date of the license or permit revocation order:

(a)

Upon conviction within this state of any person of violation of any of the commercial fishing laws or rules;

(b)

Upon receiving notice from the agency that regulates commercial fishing in the State of Washington of the conviction of any person in that state of an offense that was a violation of Columbia River commercial fishing rules adopted pursuant to the Columbia River Compact and that if committed in this state would be grounds for license revocation pursuant to paragraph (a) of this subsection;

(c)

Upon conviction within this state of any person for violation of ORS 498.022 (Purchase, sale, exchange or possession of wildlife or wildlife parts or products), or any rule adopted pursuant thereto, involving game fish, through the use of a license issued pursuant to the commercial fishing laws; or

(d)

Upon conviction within this state of a person for violation of ORS 164.043 (Theft in the third degree) to 164.065 (Theft of lost, mislaid property) when the subject of the theft is commercial fishing crab rings or crab pots, or the crabs taken therefrom.

(2)

Intentionally left blank —Ed.

(a)

Except for vessel licenses described in ORS 508.285 (License fees) and 508.470 (When licenses expire) and vessel permits described in ORS 508.775 (Vessel permit required to engage in fishery) to 508.796 (Review of permit denial), 508.801 (Vessel permit required to engage in fishery) to 508.825 (Review of permit denial), 508.880 (Vessel permit required to engage in fishery), 508.883 (Use of single delivery license in lieu of vessel permit), 508.889 (Issuance of permits limited) to 508.910 (Review of permit denial) and 508.926 (Vessel permit required to engage in fishery), a court may order the commission to revoke any licenses or permits issued to a person under the authority of the commission, or the director, pursuant to the commercial fishing laws. Such revocations may not exceed a period of two years from the date of the license or permit revocation order. Revocation of licenses and permits is in addition to and not in lieu of other penalties provided by law.

(b)

The license and permit revocation provisions of paragraph (a) of this subsection apply to the following persons:

(A)

Any person who is convicted of a violation of the commercial fishing laws, or any rule adopted pursuant thereto, or who otherwise fails to comply with the requirements of a citation in connection with any such offense;

(B)

Any person who is convicted of a violation of ORS 498.022 (Purchase, sale, exchange or possession of wildlife or wildlife parts or products), or any rule adopted pursuant thereto, involving game fish, through the use of a license issued pursuant to the commercial fishing laws; or

(C)

Any person who is convicted of a violation of ORS 164.043 (Theft in the third degree) to 164.065 (Theft of lost, mislaid property) when the subject of the theft is commercial fishing crab rings or crab pots, or the crabs taken therefrom.

(c)

When a court orders the revocation of a license or permit under the provisions of this subsection, the court shall take up any such licenses and permits and forward them, together with a copy of the revocation order, to the commission. Upon receipt thereof, the commission shall cause revocation of the appropriate licenses and permits in accordance with the court order.

(d)

Nothing in this subsection requires a court to take additional action, after the conclusion of the sentencing hearing, to secure the licenses or permits if the defendant does not have the license or permit in the defendant’s possession at the time of sentencing.

(3)

Any person whose license revocation involves the buying, selling or dealing of food fish is prohibited from engaging in such activity under any license issued by the commission during the period the court orders the revocation. [Amended by 1965 c.570 §74; 1971 c.569 §1; 1977 c.350 §6; 1987 c.213 §4; 1997 c.252 §1; 1999 c.1051 §276; 2009 c.11 §73; 2013 c.164 §1; 2014 c.1 §1]

Source: Section 508.485 — Revocation of license or permit for violation of commercial fishing laws or rules or theft of crab fishing gear, https://www.­oregonlegislature.­gov/bills_laws/ors/ors508.­html.

508.006
Definitions
508.011
Activities relating to oysters exempted
508.025
License required to take, process or deal in fish
508.030
License required for fishing gear
508.035
Separate licenses required for certain fishing gear and activities
508.040
Unlawful to knowingly buy or receive fish from unlicensed person
508.045
Exemption of retail fish dealers
508.106
Permit to take carp or other nongame fish
508.111
Permit to take food fish for educational and scientific purposes
508.116
Permit to take animals living intertidally on bottom
508.121
Juvenile jig line license
508.124
Northern pikeminnow fishing derby license
508.235
Commercial fishing license
508.240
Acts by commercial fishing licensee prohibited
508.260
Boat license
508.265
Boat licensing constitutes registration for purposes of federal laws
508.270
Fishing, boat license fees in lieu of other taxes and licenses on crab pots
508.285
License fees
508.288
Commercial fishing permit surcharges
508.300
Albacore tuna landing license in lieu of other licenses
508.306
Fish bait dealer license
508.312
Commercial bait fishing license
508.316
Disqualification from receiving more than one single delivery license
508.326
Commercial Fisheries Fund
508.406
Director or agent to issue and renew licenses
508.410
Contents of license applications
508.415
Security for fees
508.445
Certificate evidence as to license issuance
508.450
Contents of license
508.460
Oregon-Washington reciprocity on gillnet licenses
508.465
Licenses nontransferable
508.470
When licenses expire
508.475
Failure to renew license for fixed fishing gear constitutes abandonment
508.480
Failure to construct or install fishing gear held to be abandonment
508.485
Revocation of license or permit for violation of commercial fishing laws or rules or theft of crab fishing gear
508.490
Refusal to issue license or permit pursuant to commercial fishing laws within two years after revocation
508.495
Certificate in lieu of lost or destroyed license
508.500
Alteration, false application and multiple possession of licenses prohibited
508.502
Seller operation of vessel pending proceeding against buyer
508.505
Additional fees based on value of fish at time of landing
508.506
Additional payments on certain fish species
508.510
Place where fish caught is immaterial
508.515
Time of paying fees
508.520
Determination of disputes
508.525
Lien for unpaid fee
508.530
Rules
508.535
Keeping record of food fish received and bought
508.540
Failure to keep or submit records or to pay fee
508.550
Sale of fish from license holder’s boat
508.700
Permits for salmon hatcheries
508.705
Hearing for permits
508.710
Grounds for denial of permit
508.715
Conditions of permits
508.718
Program for protecting natural runs and genetic diversity of anadromous fish stocks
508.720
Altering terms of permits
508.725
Released fish as state property
508.730
Disposal of salmon products
508.735
Application of chapter to taking and sale of salmon
508.737
Policy for marketing of salmon products
508.740
Authority under ORS 508.700 to 508.745
508.745
Disposition of moneys received under ORS 508.700 to 508.745
508.755
Membership
508.760
Sea urchin limited participation
508.762
Review of denial of sea urchin permit renewal or transfer
508.765
Roe-herring limited participation
508.775
Vessel permit required to engage in fishery
508.778
Limitation on issuance of permits
508.781
Renewal of permit
508.784
Considerations in determining eligibility for permit
508.787
Permit revocation procedure
508.790
Fee
508.792
Lottery system for permit issuance
508.793
Permit transfer restrictions
508.796
Review of permit denial
508.801
Vessel permit required to engage in fishery
508.804
Prohibition on issuance of permits
508.807
Renewal of permit
508.808
Special renewal and fee provisions
508.810
Considerations in determining eligibility for permit
508.813
Permit revocation procedure
508.816
Fee
508.819
Permits transferred to federal government
508.822
Permit transfer restrictions
508.825
Review of permit denial
508.828
Single delivery license in lieu of vessel permit
508.840
Vessel permit required to engage in fishery
508.843
Use of single delivery license in lieu of permit
508.846
Issuance of permits restricted
508.849
Renewal of permit
508.852
Considerations in determining eligibility for permit
508.855
Permit revocation procedure
508.858
Fee
508.861
Lottery system for permit issuance
508.864
Permit transfer restrictions
508.867
Review of permit denial
508.880
Vessel permit required to engage in fishery
508.883
Use of single delivery license in lieu of vessel permit
508.886
Limitation on number of permits
508.889
Issuance of permits limited
508.892
Renewal of permit
508.895
Considerations in determining eligibility for permit
508.898
Permit revocation procedure
508.901
Fee
508.904
Lottery system for permit issuance
508.907
Permit transfer restrictions
508.908
Limits on authority of Commercial Fishery Permit Board to prohibit transfer of valid pink shrimp vessel permits
508.910
Review of permit denial
508.913
Issuance of permits for vessels engaged in groundfish fishery
508.915
Negotiations to establish reciprocal agreements pertaining to pink shrimp
508.921
Findings
508.926
Vessel permit required to engage in fishery
508.931
Eligibility for permit
508.934
Permit revocation procedure
508.936
Permit transfer restrictions
508.941
Review of eligibility determinations
508.943
Requirements related to removal of crab pots
508.945
Vessel permit required
508.947
Eligibility for permit
508.949
Fees
508.951
Black Rockfish, Blue Rockfish and Nearshore Species Research Account
508.953
Log book required
508.955
Lottery system for permit issuance
508.957
Permit transfer restrictions
508.960
Review of permit denial
508.980
Legislative findings and policy
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