OAR 635-006-0205: Required Reports

(1) Every licensed wholesale fish dealer, wholesale fish bait dealer, food fish canner, and shellfish canner shall report all food fish or shellfish received from commercial fishers or commercial bait fishers authorized to land his or her catch in Oregon or received from a fish dealer from another state in which no tax or fee is levied and collected on the food fish or shellfish. (2) As used in these regulations, any licensed wholesale fish dealer, fish buying station, fish buyer, bait dealer or canner whose licensed premises includes a receiving or docking facility for unloading the catch from a commercial fishing vessel shall be considered as the receiver and purchaser and shall have the responsibility for weighing the catch, reporting, and paying landing fees on such catch. The aforementioned premises shall only be licensed by one wholesale dealer, fish buying station, fish buyer, bait dealer or canner at one given time, except as provided in section (3) of this rule. (3) Notwithstanding section (2) of this rule, upon receipt and approval by the Department of a Memorandum of Understanding in a form provided by the Department and signed by both parties, a licensed wholesale fish dealer or canner (identified as primary dealer) whose licensed premises includes a receiving or docking facility for unloading the catch from a commercial fishing vessel may act as an agent for another licensed wholesale fish dealer or canner (identified as secondary dealer). (a) Through the Memorandum of Understanding the primary dealer agrees: (A) To unload fish or shellfish products at their licensed receiving or buying dock from fishing vessels who are providing catch to the secondary dealer as per prior agreement and arrangement with the secondary dealer; (B) To confirm that the landing is legal and the species are legal; (C) To accurately report on an electronic fish ticket or dock receipt , assigned to the secondary dealer by the Department, all landing information in accordance with OAR 635-006-0210, with the exception of price; (D) To obtain fisher signature on an electronic fish ticket or dock receipt reporting such catch in accordance with OAR 635-006-0211; (E) To, upon transfer of the landed product from the primary dealer to the secondary dealer, provide the electronic fish ticket or dock receipt of the landing to the secondary dealer; and (F) To retain a record of the required landing information of such catches. (b) In addition, through the Memorandum of Understanding, the secondary dealer agrees: (A) To obtain the appropriate buyer’s license; (B) To complete an electronic fish ticket that reports the transferred product landed at the receiving or buying dock of the primary dealer, by adding the species ex-vessel price; (C) To submit the electronic fish ticket in accordance with OAR 635-006-0210(2); and (D) To submit to the Department a monthly remittance report and accompanying landing fees in accordance with OAR 635-006-0215. (c) The Department may withdraw its approval of any Memorandum of Understanding effective seven calendar days from postmark of written notice, based on the failure to abide by any of the terms of the Memorandum of Understanding or violation of any provision of this rule. If the Department withdraws its approval, then section (2) of this rule shall be applicable. (4) Two basic reports required for reporting the commercial catch of food fish and shellfish and the payment of landing fees due on such catch are: (a) The State of Oregon electronic fish ticket ; and (b) The Fish Dealer Monthly Remittance Report. These reports shall be submitted on forms supplied or approved by the Department and completed in accordance with OAR 635-006-0210 and 635-006-0215. (5) For pink shrimp unloaded at a receiving or docking facility of a wholesale fish dealer or shellfish canner, the following shall apply: (a) All pink shrimp shall be weighed and the net weight (pounds of raw shrimp landed) recorded on an electronic fish ticket or dock receipt before being removed from the receiving facility and prior to processing; (b) Notwithstanding subsection (5)(a) of this rule, a minimum sampling method or equivalent method may be used to estimate the net weight provided such method is approved and authorized in writing by the Department; (c) Those wholesale fish dealers or canners authorized to use the sampling procedure in subsection (5)(b) of this rule are subject to inspection for accuracy by the Department or by the Oregon State Police, at any time. Authorization for use of a sampling procedure may be withdrawn if, in the judgment of the Department, the procedure employed is likely to be inaccurate. (6) All commercial fishers landing Dungeness crab must report the area of primary catch to the dealer at the time of landing. The dealer is responsible for recording this information on the electronic fish ticket . (7) For wholesale fish bait dealers landing less than 5,000 pounds daily of species defined in OAR 635-004-0220(3)(b)(C) and 635-004-0220(3)(b)(D), the following shall apply: (a) Wholesale fish bait dealers may request the Department allow an estimate of the net weight of fish caught on an electronic fish ticket . (b) The Department may issue a written approval of requests made under subsection (6)(a) of this rule if the permittee uses a minimum sampling method or equivalent method to estimate the net weight, provided such method is acceptable to the Department. (c) Those wholesale fish bait dealers authorized to use a sampling procedure approved under subsection (6)(b) of this rule are subject to inspection for accuracy by the Department or by the Oregon State Police, at any time. Authorization for use of a sampling procedure may be withdrawn if, in the judgment of the Department, the procedure employed is likely to be inaccurate. (8) Notwithstanding section (2) of this rule, for vessels registered to a federal limited entry trawl permit with a Catcher/Processor endorsement, and a valid declaration for the limited entry, midwater trawl, Pacific whiting catcher/processor sector, and landing processed fish, the owner of such vessel shall have the responsibility for weighing the catch, reporting, and paying landing fees on such catch.