Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES › Section 635-005-0825 - Lottery for Limited Entry Sea Urchin and Sea Cucumber Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  506.036,
				  506.109,
				  506.119,
				  506.129
Other Auth.: Oregon Senate Bill 247 (2015)
Stats. Implemented: ORS
				  506.109,
				  506.129,
				  508.762