OAR 635-006-0020. Experimental Fishing Gear Permit

(1) The Department is authorized to issue Experimental Fishing Gear Permits (EFGPs) for the taking of food fish under the authority of ORS 508.106 provided the use of such fishing gear is not otherwise prohibited by the commercial fishing laws. (2) Application for an EFGP shall be in writing accompanied by a fee of $30.00 (plus a $2.00 license agent fee) and shall include the species of food fish to be taken, the method to be used, the name and location of the body of water from which the food fish are to be taken, vessel operator(s) when applicable, and any other information the Department deems necessary. (3) The Department shall establish terms and conditions for each EFGP which may include but are not limited to the amount of gear allowed, fishing area, valid time period, gear marking, monitoring, training, and notification and reporting requirements. It is unlawful to use the experimental fishing gear in the waters of this state or the Pacific Ocean except under the terms and conditions specified in the permit. (4) At least one vessel operator named on the EFGP must be onboard the vessel at all times on any fishing trip where the vessel operates gear authorized by the EFGP. (5) The Department may deny or revoke an EFGP if the applicant, vessel operator(s), or the holder of a limited entry permit for the target species has been charged with or convicted of any violation of commercial fishing laws within the last five years or has violated the terms and conditions of any past or existing EFGP. (6) The Department may limit the number of EFGPs issued by certain criteria, including but not limited to type of fishing gear, fishing area, port, season, or other criteria. If the number of applicants exceeds available permits, the Department shall issue permits based on information needs of the Department and may consider other factors including but not limited to gear type, vessel size, operational plans, compliance history, and performance under past or existing EFGPs. (7) EFGPs are not transferable to any person, company, or vessel not specified on the permit and may be renewed at the Department’s discretion.