Oregon Administrative Rules
Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE
Division 5 - COMMERCIAL SHELLFISH AND MARINE INVERTEBRATE FISHERIES
Section 635-005-0340 - Transferability of Permits
Universal Citation: OR Admin Rules 635-005-0340
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Any transfer of a Bay Clam Dive Permit without the written consent of each person holding a security interest in such vessel is void.
(2) Permits may be transferred as follows:
(a) The permittee may request the Department
to transfer, to a replacement vessel that is owned by the same person that owns
the vessel to which the Bay Clam Dive Permit was originally issued, a Bay Clam
Dive Permit up to two times per calendar year;
(b) In the event of the death of a Bay Clam
Dive Permit holder, the permit of the deceased may be issued to an immediate
family member upon request, validated by the Department's receipt of a copy of
the death certificate and the original permit. "Immediate family member" means
a Bay Clam Dive Permit holder's spouse, domestic partner, children, father,
mother, brother, sister, stepchildren, and grandchildren; or
(c) The Department may authorize transfer of
a Bay Clam Dive Permit for up to 90 days upon petition by the permittee on the
form provided by the Department due to a medical condition.
(A) The Department's decision to allow a
transfer shall be based on a finding that the current permit holder is unable
to participate in the fishery due to injury or illness which prevents diving,
based on medical evidence submitted by the permit holder, and such other
evidence the Department considers reliable.
(B) At the end of the transfer period, the
Department may reinstate the Bay Clam Dive Permit to the original permit holder
or to a new transferee, provided that the original permit holder again submits
medical evidence documenting that the injury or illness continues to prevent
their return to diving.
(C) There
is a two-year limit on the eligibility of each individual permit for medical
transfer status, beginning with the start date of the first medical transfer of
that permit and ending two years from that date.
(D) If the Department, after review of a
denial by the Board, allows a transfer, the original Bay Clam Dive Permit
holder shall give written notice to the Department of the name, address and
telephone number of the transferee. The original permit holder may, at any time
during the transfer period specified in subsection (1)(c) of this rule, request
the Department reinstate the permit back to their possession. Such transfer
requires 30 days written notice to the Department. In any event, upon
expiration of the transfer period specified in subsection (1)(c) of this rule,
or upon cancellation of a transfer due to lack of medical evidence of
continuing inability to dive, the permit shall revert automatically to the
original permit holder, unless the transfer is renewed, as provided in
subsection (1)(c) of this rule.
Stat. Auth.: ORS 506.036, 506.109, 506.119 & 506.129
Stats. Implemented: ORS 506.109 & 506.129
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
