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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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DEPARTMENT OF AGRICULTURE,
OREGON DUNGENESS CRAB COMMISSION

 

DIVISION 10

REPORTING AND PAYMENT OF ASSESSMENTS AND
PENALTIES FOR NON-PAYMENT OF ASSESSMENTS

645-010-0005

Definitions

(1) "Person" means any individual, corporation, association, partnership, or joint stock company.

(2) "Commission" means the Oregon Dungeness Crab Commission.

(3) "First Purchaser" means any person who buys Dungeness Crab landed in Oregon from the fisherman in the first instance, or handler who receives the Dungeness Crab in the first instance from the fisherman for resale or processing.

(4) "Fisherman" means any individual participating directly or indirectly in the commercial harvest of Dungeness Crab for consumer comsumption.

(5) "Handler" means any fisherman, processor, distributor, or other person engaged in handling or marketing of or dealing in Dungeness Crab, whether as owner, agent, employe, broker, or otherwise.

(6) Dungeness Crab includes cancer magister and all species of magister dana. All Dungeness Crab sold commercially are to be included.

Stat. Auth: ORS 576.051 - 575.585
Stats. Implemented: ORS 576
Hist.: DCC 2, f. 12-28-77, ef. 1-1-78

645-010-0010

Assessments

Any person who is a first purchaser as defined in ORS Chapter 576, shall deduct and withhold an assessment at the rate of 1% of the cash value of the raw product of Dungeness Crab. This assessment deduction shall be made upon the incoming revenue thereof, for Dungeness Crab taken by crab fishing and delivered in Oregon.

Stat. Auth: ORS 576.305 - 576.355
Stats. Implemented: ORS 576.305
Hist.: DCC 2, f. 12-28-77, ef. 1-1-78; DCC 1-1981, f. 10-13-81, ef. 12-1-81; DCC 2-1984, f. 8-17-84, ef. 9-1-84; DCC 1-1988, f. 11-2-88, cert. ef. 11-15-88

645-010-0015

Reports and Payment of Assessment Moneys

First purchasers and handlers must submit completed and signed assessment reports on commission-approved forms. Assessment reports shall include all purchases by or deliveries to a first purchaser of Oregon Dungeness Crab in the previous month. Assessment reports are due in the commission office by 5:00 p.m. on the 30th day of each month for all purchases or deliveries of Oregon Dungeness Crab in the previous month. Penalties and interest will apply on the first day of the month following the due date.

EXAMPLE: Assessment reports and fees are due on April 30th for March purchases and deliveries. Penalties and interest will be applied on May 1st.

Stat. Auth: ORS 183
Stats. Implemented: ORS 576.335(1) & 576.304(14)
Hist.: DCC 2, f. 12-28-77, ef. 1-1-78; ODCC 1-2000, f. & cert. ef. 12-15-00; ODCC 1-2010(Temp), f. & cert. ef. 2-23-10 thru 7-31-10; Administrative correction 8-18-10; ODCC 1-2013, f. 6-24-13, cert. ef. 7-5-13

645-010-0020

Penalties

(1) Penalty for delaying transmittal of assessment moneys is provided in ORS 576.355, which states, "In addition to the penalties prescribed in ORS 576.991, any person who delays transmittal of funds beyond the time set by a Commission shall pay a penalty of 10 percent of the amount due and shall also pay one and one-half percent interest per month on the unpaid balance of assessment."

(2) The commission may waive the penalty and interest described in subsection (1) of this section upon a showing of good cause.

Stat. Auth: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS 576
Hist.: DCC 2, f. 12-28-77, ef. 1-1-78; ODCC 1-2004, f. 1-15-04 cert. ef. 1-16-04

645-010-0025

Effective Dates of Assessment

The assessment to be withheld and paid by a first purchaser or handler, as required by ORS 576.155 and OAR 645-010-0015(1), or the reports required under OAR 645-010-0015, applies to and covers any purchases by him or delivery on or after November 15, 1988, of Dungeness Crab landed in Oregon.

Stat. Auth: ORS 576
Stats. Implemented: ORS 576
Hist.: DCC 2, f. 12-28-77, ef. 1-1-78; DCC 1-1988, f. 11-2-88, cert. ef. 11-15-88

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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