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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF AGRICULTURE,
OREGON TRAWL COMMISSION

 

DIVISION 10

ESTABLISHMENT OF ASSESSMENT RATE AND OTHER PROCEDURES

656-010-0000

Definition

(1) Ocean trawling is defined as using a trawl vessel with a federal ‘A’ permit to harvest groundfish as identified by the Pacific Fishery Management Council within the allotted trawl quota or by harvesting any other species with a trawl net (e.g. pink shrimp, Pandalus jordani). The trawl vessel uses a trawl net, other gear types, or any combination thereof in harvesting.

(2) “Trawl Net” means a bag-shaped net composed of wings, body, intermediate and cod-end section, held open by two boats, otter boards, trawl doors, or a fixed beam frame commonly known as a “beam trawl”. The cod-end section is the last 50 meshes of a trawl net. The intermediate section is the next 50 meshes forward of the cod-end section.

(3) Other gear types are defined as pot and longline gear.

Stat. Auth.: ORS 576
Stats. Implemented: ORS 576
Hist.: OTC 1-1981, f. & ef. 8-17-81; OTC 1-2011, f. & cert. ef. 11-30-11

656-010-0010

Assessment

Any person who is a first purchaser as defined in ORS Chapter 576 shall deduct and withhold an assessment at the rate of 1/2% (0.5 percent) on the full amount of the delivered product of fish and shellfish taken (produced) by ocean trawling. This assessment deduction shall be made upon the boat portion of incoming revenue thereof, for fish and shellfish taken (produced) by ocean trawling and delivered to an Oregon Port.

Stat. Auth: ORS 576
Stats. Implemented: ORS 576
Hist.: OTC 3, f. 12-18-63, ef. 1-1-64; OTC 4, f. 9-19-67, ef. 10-1-67; OTC 5, f. 3-19-69, ef. 4-1-69; OTC 1-1997, f. & cert. ef. 5-14-97; OTC 1-2001, f. 3-7-01, cert. ef. 4-1-01; OTC 1-2011, f. & cert. ef. 11-30-11

656-010-0015

Reports and Payment by First Purchaser

(1) The assessment deducted and withheld by a first purchaser as required by OAR 656-010-0010, shall be paid to the Oregon Trawl Commission on a monthly basis, commencing for the month of January, 1964.

(2) The assessment required by section (1) of this rule shall be due and payable to the Oregon Trawl Commission and shall be postmarked by the 20th day of the following month.

(3) Within 20 days after the end of each calendar month, the first purchaser shall forward to the Oregon Trawl Commission, reporting forms which shall be approved by and furnished by such commission. The forms shall be signed by the first purchaser and filled in with the required data as shown on such forms, including, but not limited to, the date the fish and shellfish taken (produced) by trawling and delivered at an Oregon port were handled from the producer thereof; the name of such fish and shellfish producer; the boat name; the full amount paid for that delivered product, and the assessment deducted and withheld from the boat portion accruing to such fish and shellfish producer.

Stat. Auth.: ORS 576
Stats. Implemented: ORS 576.335
Hist.: OTC 3, f. 12-18-63, ef. 1-1-64; OTC 1-2001, f. 3-7-01, cert. ef. 4-1-01

656-010-0020

Producer to Make Reports of and Pay Assessment Moneys on Certain Sales

Pursuant to ORS Chapter 576.345: "Any producer who performs the handling or processing functions on all or a part of his production of the commodity, which normally would be performed by another person as the first purchaser thereof, shall report his sales of such commodity of his own production on forms provided by and pay the assessment moneys directly to the commission, unless the first purchaser from such producer voluntarily makes the proper deduction and remits the proceeds to the commission."

Stat. Auth.: ORS 576
Stats. Implemented: ORS 576.345
Hist.: OTC 3, f. 12-18-63, ef. 1-1-64; OTC 1-2001, f. 3-7-01, cert. ef. 4-1-01

656-010-0025

Casual Sales

Casual sales by a producer of fish and shellfish taken (produced) by ocean trawling shall not be subject to the assessment due and payable to the Oregon Trawl Commission."Casual Sales," as referred to in ORS 576.325 is defined as sale or sales of fish and shellfish sold by the producer direct to a consumer.

Stat. Auth.: ORS 576
Stats. Implemented: ORS 576
Hist.: OTC 3, f. 12-18-63, ef. 1-1-64; OTC 1-2001, f. 3-7-01, cert. ef. 4-1-01

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Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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