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17 Ocean L. Memo 1 (1980)

handle is hein.journals/ocoaslme17 and id is 1 raw text is: Ocean and Coastal Law Center * School of Law * University of Oregon * Eugene 97403 Oce.n L Memo May 1980 HOW TO GET A SALMON TROLL PERMIT AND HOW TO KEEP IT A Comparison of Limited Entry Systems in Oregon, Washington, and California With the passage of laws in Oregon and California in 1979, limited entry to the salmon troll fishery became a fact of life coastwide. Although both Oregon and California laws can be characterized as moratoriums because each is automatically repealed after two years, it is a safe bet that some form of limited entry to the troll fishery will become a permanent feature of salmon management. It is there- fore important for fishermen to know who is entitled to permits intially, and how to keep them once they are in hand. This Ocean Law Memo compares some of the fea- tures of the new Oregon and California laws and the more well established Wash- ington law. A chart is provided on pages 2 and 3 for easy reference to a summary of the laws. Requirements For Initial Permits A basic difference between California and Oregon and Washington laws is teat California requires permits for the masters of commercial salmon vessels while the others require permits for vessels themselves. Two other important features of California's law are (1) that there is no deadline for applying for a permit during the next two years, and (2) that only individuals can hold permits; corporations or partnerships do not qualify. Oregon has an application deadline and allows partnerships and corporations to hold vessel permits. The deadline for applying for a 1980 Oregon permit was March 1, 1980; no permits will be issued after that date except through the permit lottery described later in this Memo. Washington has had limited entry to the ocean salmon troll fishery since 1974. Originally there was no application dead- line for licenses. The law has been changed somewhat; to qualify for a 1980 license a vessel must have been licensed for the 1979 Washington troll fishery and M Distributed by: OSU Extension Service' Sea landed food fish in Washington or some other state during 1979. The vessel need not have been used for salmon fishing. The requirement is to have landed food fish, be that black cod, herring, shrimp or whatever, in any state, not just Wash- ington. Corporations or partnerships may hold a vessel license. Requirements for 1981 Permits California permits are good from date of issue until December 31, 1981. For those who have them, no reapplication is necessary. For those who qualify and want one, application can be made. It should be pointed out that the current law expires on January 1, 1982, and is likely to be followed by another and prob- ably more restrictive law. Fishermen who qualify for 1980 and 1981 permits are en- couraged to apply for them to maintain their eligibility for future participation in the fishery. The requirements for a 1981 Washington license are the same as for 1980; the vessel must have been licensed for the 1980 ocean troll fishery and must have landed food fish during 1980 in Washington or some other state. To be eligible for a 1981 Oregon per- mit, a vessel must have had a 1980 Oregon permit and landed at least one salmon in Oregon. Further, application for the 1981 permit must be made by March 1, 1981. Oregon has an additional feature for issuing permits in 1981. There have been approximately 4250 permits issued for 1980. The law provides for a lottery to issue permits in the event that a large number of 1980 permit holders fail to reapply by the 1981 deadline. The law specifies that there will be no lottery unless the number of regularly issued permits falls below 3257, the number of vessels that partici- pated (landed a fish) in the 1978 troll fishery in Oregon. Moreover, the lottery Grant Marine Advisory Program, Corvallis, OR 97331

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