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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


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  repealed after two years, it is a safe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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