ORS 508.502
Seller operation of vessel pending proceeding against buyer
- rules
(1)
In a circuit court proceeding concerning a claim by a seller of a vessel permit transferable under ORS 508.760 (Sea urchin limited participation), 508.793 (Permit transfer restrictions), 508.864 (Permit transfer restrictions), 508.907 (Permit transfer restrictions), 508.936 (Permit transfer restrictions) or 508.957 (Permit transfer restrictions) that the buyer of the vessel permit has failed to fulfill one or more terms of the sale, the seller may petition the circuit court for a preliminary injunction requiring the State Department of Fish and Wildlife and the Commercial Fishery Permit Board to take such actions as are necessary to allow the seller to continue to operate a vessel in the appropriate fishery during the pendency of the proceeding. An order granting a preliminary injunction under this section must include a finding that allowing the seller to continue to operate a vessel in the appropriate fishery during the pendency of the proceeding will not cause excessive harvest pressure on the fishery resource.(2)
Notwithstanding any other provision of law, the State Fish and Wildlife Commission may adopt rules necessary to allow for the issuance of temporary vessel permits or other relief necessary to comply with a preliminary injunction issued pursuant to a petition filed under subsection (1) of this section. [2017 c.158 §2]
Source:
Section 508.502 — Seller operation of vessel pending proceeding against buyer; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors508.html.
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