Oregon Administrative Rules Chapter 656 - DEPARTMENT OF AGRICULTURE, OREGON TRAWL COMMISSION
Oregon Administrative Rules Chapter 656 — Department of Agriculture, Oregon Trawl Commission
Overview and Purpose
OAR Chapter 656 contains rules related to the Oregon Trawl Commission, a body under the supervision of the Oregon Department of Agriculture (ODA) that oversees the trawl fishing industry, primarily focusing on commercial trawl fisheries off the Oregon coast.
The Oregon Trawl Commission is empowered by statute (primarily ORS Chapter 783) to represent the interests of Oregon’s commercial trawl fishermen and to manage resources, promote the industry’s economic viability, and facilitate sustainable fisheries.
Mission and Functions of the Oregon Trawl Commission
Resource Management: Advocate for sustainable trawl fishery practices and conservation of fish stocks.
Economic Support: Promote economic stability for commercial trawl fishermen.
Research and Data Collection: Support scientific research to inform management decisions.
Industry Representation: Serve as a liaison between the trawl industry and state/federal regulators.
Regulatory Recommendations: Advise ODA and other agencies on regulations affecting trawl fisheries.
Key Provisions of OAR Chapter 656
1. Commission Structure and Governance
Rules specify the composition, appointment process, terms, and duties of the Commissioners.
Typically, members are commercial fishermen or industry stakeholders.
2. Funding and Assessments
The Commission is funded through assessments (fees) levied on trawl fishery participants.
Rules detail assessment calculations, collection procedures, and use of funds.
3. Licensing and Permitting Support
The Commission may assist in licensing processes for commercial trawl operations.
Rules outline cooperation with ODA and the Oregon Department of Fish and Wildlife (ODFW) regarding permits.
4. Reporting and Record-Keeping
Requirements for fishermen and industry participants to report catch data, vessel information, and compliance with regulations.
The Commission may manage databases or reporting systems.
5. Regulatory Recommendations
Procedures for the Commission to recommend new or amended fishing regulations to ODA, ODFW, or federal agencies.
Includes public input and hearings to ensure transparency.
6. Enforcement Cooperation
The Commission works with enforcement agencies to monitor compliance and address violations.
Legal Context and Principles
1. Statutory Authority and Delegated Power
The Oregon Trawl Commission’s authority is delegated by statute under ORS 783.
OAR Chapter 656 provides the procedural rules governing the Commission’s operations.
The Commission’s actions must comply with Oregon administrative law, including the Oregon Administrative Procedure Act (OAPA).
2. Administrative Law and Procedural Fairness
The Commission’s regulatory recommendations and assessments are subject to public notice and comment requirements.
Decisions on assessments or regulatory changes must be based on substantial evidence and a reasoned decision-making process.
3. Case Law Related to Fisheries Commissions
While Oregon-specific case law on the Trawl Commission may be limited, general principles from fisheries and administrative law cases are relevant:
Balance of Resource Use and Conservation: Courts recognize the authority of fisheries commissions to impose regulations that balance economic interests with conservation goals.
Example Principle: In Washington Trollers Association v. State, courts upheld fishery regulations that limited catch to prevent overfishing, emphasizing the state’s role in resource conservation.
Delegation and Delegated Authority: Courts ensure that commissions act within the scope of delegated legislative authority. Overreach may be challenged as ultra vires (beyond power).
Fee and Assessment Challenges: Challenges to assessment fees often center on due process and equal protection. Courts uphold fees if they are reasonably related to regulatory costs and fairly imposed.
4. Federal Fisheries Law Interaction
The Commission’s work often intersects with federal regulations under the Magnuson-Stevens Fishery Conservation and Management Act, which governs fisheries in the U.S. Exclusive Economic Zone (EEZ).
Oregon agencies and commissions must coordinate with federal bodies like the Pacific Fishery Management Council.
Conflicts between state and federal rules are resolved under federal supremacy principles.
Summary of OAR Chapter 656 Impact
OAR Chapter 656 provides a framework for the Oregon Trawl Commission to represent and regulate the commercial trawl fishing industry.
It balances industry support with sustainable resource management.
Legal principles uphold the Commission’s regulatory role if conducted transparently, fairly, and within statutory bounds.
Coordination with federal fisheries management ensures compliance with broader conservation efforts.
Enforcement and fee assessments are subject to procedural safeguards and judicial review.
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