OAR 635-004-0330: Transferability of Permits

(1) Any transfer of a permit away from a vessel without the written consent of each person holding a security interest in such vessel is void. (2) Black Rockfish / Blue Rockfish / Nearshore Fishery Permit holders may transfer a permit pursuant to ORS 508.957. (3) To be eligible for transfer, the vessel operating under a Black Rockfish / Blue Rockfish / Nearshore Fishery Permit with a Nearshore Endorsement must have made, in the previous calendar year, a minimum of five landings that contained at least 15 pounds of any combination of black rockfish, blue rockfish or nearshore fish in each landing. (4) In the event a buyer fails to complete a purchase agreement for a vessel permit, the seller is eligible for a temporary transfer of the vessel permit back to the seller, if a preliminary injunction is issued by a circuit court requiring the State Department of Fish and Wildlife to allow the seller to continue to operate a vessel in the 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 fishery will not cause excessive harvest pressure on the fishery resource.