Or. Admin. Code § 635-006-0205

Current through Register Vol. 63, No. 12, December 1, 2024

Section 635-006-0205 - [Effective until 12/31/2024] 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 Fish Receiving Tickets, 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 the Fish Receiving Ticket reporting such catch or if necessary, a dock ticket for Dungeness crab or net-caught groundfish 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 Fish Receiving Ticket record 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 the Fish Receiving 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 copies to the Department 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 Fish Receiving 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 a Fish Receiving Ticket 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 Fish Receiving 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 a Fish Receiving 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. Each vessel shall only be licensed by one wholesale dealer, fish buying station, fish buyer, bait dealer or canner at one given time.

Or. Admin. Code § 635-006-0205

FC 246-1974, f. 5-5-72, cert. ef. 5-15-72; FC 274-1974, f. 3-20-74, cert. ef. 4-11-74; FWC 28-1975, f. 11-28-75, cert. ef. 1-1-76, Renumbered from 625-040-0130, 635-036-0575; FWC 15-1981, f. 4-24-81, ef. 5-1-81; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 78-1993, f. & cert. ef. 12-6-93; FWC 23-1996, f. & cert. ef. 5-10-96; DFW 38-1999, f. & cert. ef. 5-24-99; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 91-2009, f. & cert. ef. 8-10-09; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12; DFW 93-2024, temporary amend filed 10/03/2024, effective 10/7/2024 through 12/31/2024

Statutory/Other Authority: ORS 506.036, 506.109, 506.119, 506.129 & 508.530

Statutes/Other Implemented: ORS 506.109, 506.129 & 508.535