635-005-0825 Lottery for Limited Entry Sea Urchin and Sea Cucumber Permits (1) If the total number of Sea Urchin and Sea Cucumber Permits which have been renewed, and for which an appeal is pending with the Commercial Fishery Permit Board and awarded through a prior lottery, is less than 12, a lottery shall be held on the 4th Friday in April. However, as a result of any such lottery, the total number of permits issued shall not exceed 12. (2) An individual must be 18 years of age or older and furnish proof of age to be eligible for the lottery. (3) An individual shall not already hold a valid Sea Urchin and Sea Cucumber Permit, however, an individual whose permit is at issue in a pending Sea Urchin and Sea Cucumber Permit Board proceeding or before a court of law may participate in the lottery. (4) If a permittee whose permit is at issue either before the Sea Urchin and Sea Cucumber Permit Board or a court of law is awarded another permit through the lottery and thereafter prevails before the Board or in court, the permittee shall immediately surrender one of the Sea Urchin and Sea Cucumber Permits to any Department office, so that only one valid permit is held. (5) An individual who qualifies to participate in the lottery shall send a complete lottery application to the Department, date-stamped or postmarked no later than April 15 of the year for which the permit is to be issued. An individual shall not submit more than one application to participate in the lottery. For successful applicants, the application fee shall apply toward the permit fee of $125.00 (plus a $2.00 license agent fee) for resident applicants and $175.00 fee (plus a $2.00 license agent fee) for nonresident applicants. (6) The names of lottery applicants shall be drawn to obtain the available permits. All other names of lottery applicants shall be drawn and placed on an alternate list in the order in which they were drawn, and shall be issued permits during the next 24 months as they may become available through Permit Board actions or surrender of permits by a permit holder. (7) An individual whose name is drawn in the lottery shall thereafter apply on the prescribed form, to the Department to obtain a permit. Such application must be received by the Department within 30 days of the date the notification was mailed to the successful applicant following the lottery. (8) Any individual who fails to apply for the lottery permit within 30 days shall forfeit such permit. The permit shall then be made available to the first name on the alternate list, and shall be applied for in accordance with section (7) of this rule. (9) If all permits are not issued by renewal or through the lottery, permits thereafter may be issued on a first come first served basis up to the total number of permits allowed. All applications shall be mailed to the Department and priority shall be based on postmark or date-stamped date. (10) The Commission may suspend the lottery for up to two years based upon its assessment of the condition of the resource and recommendations of the Sea Urchin and Sea Cucumber Permit Review Board. (11) Each applicant for a permit lottery shall complete the application form prescribed by the Department. (12) Only one application per vessel may be submitted for each permit fishery lottery. (13) Any application which is not legible, has incomplete information, or is postmarked after the deadline shall not be entered in the lottery. Applications for all permits will be accepted at the Salem headquarters office of the Department, and shall be postmarked or date stamped no later than March 31 of the year for which the permit is issued. Statutory/Other Authority: SB 247 (2015), ORS 506.036, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 506.109, 506.129 & 508.762 History: DFW 19-2016, f. 3-23-16, cert. ef. 4-1-16 DFW 139-2015, f. 10-14-15, cert. ef. 1-1-16 DFW 32-2013, f. & cert. ef. 5-14-13 DFW 76-2012, f. 6-28-12, cert. ef. 7-1-12