Or. Admin. Code § 635-006-0215

Current through Register Vol. 63, No. 11, November 1, 2024

Section 635-006-0215 - [Effective until 12/31/2024] Monthly Remittance Report

(1) A monthly report is required of all licensed:

(a) Wholesale fish dealers, wholesale fish bait dealers, food fish canners, or shellfish canners receiving food fish or shellfish from licensed commercial fishers or bait fishers;

(b) Limited Fish Sellers selling food fish or shellfish.

(2) Except as provided in OAR 635-006-0220, the report is required even though no food fish or shellfish are received or sold during the calendar month covered by the report.

(3) The following information shall be included on the report:

(a) Fish dealer's name, license number, and address;

(b) Calendar month of the report;

(c) Serial numbers of all Fish Receiving Tickets issued during the month;

(d) Total pounds of all salmon and steelhead received or sold during the calendar month on which poundage fees are due. Salmon and steelhead may be reported as round weight, dressed head on or dressed head off;

(e) Total value of salmon and steelhead received or sold during the calendar month including fish eggs and parts;

(f) Total value of all other food fish and shellfish including eggs and parts;

(g) Total pounds in the round of all other species of food fish or shellfish received or sold during the calendar month on which taxes are due. When landed in a dressed condition, the following listed species may be converted to round weight for the purposes of completing monthly reports, by multiplying each applicable below-listed factor by the dressed weight of that species:

(A) Troll salmon:

(i) Gilled and gutted 1.15

(ii) Gilled, gutted, and headed 1.30

(B) Treaty Indian Fishery Columbia River salmon and steelhead trout: Gilled and gutted 1.17

(C) Halibut:

(i) Gilled and gutted 1.15

(ii) Gilled, gutted, and headed 1.35

(D) Sablefish, gutted and headed 1.60

(E) Pacific whiting:

(i) Fillet 2.86

(ii) Headed and gutted 1.56

(iii) Headed and gutted with tail removed 2.0

(F) Thresher shark, gutted and headed 1.41

(G) Blue shark, gutted and headed 1.49

(H) Pacific spiny dogfish, gutted and headed 1.81

(I) Shortfin mako shark, gutted and headed 1.45

(J) Soupfin shark, gutted and headed 1.96

(K) Other sharks, gutted and headed 1.72

(L) Swordfish gutted and headed, with fins and bloodline removed 1.45

(M) Lingcod:

(i) Gilled and gutted 1.1

(ii) Gilled, gutted and headed 1.5

(N) Spot prawn, tails 2.24

(O) Rockfish (including thornyheads), except Pacific Ocean Perch:

(i) Gilled and gutted 1.14

(ii) Gutted and headed 1.75

(iii) Gutted and headed, with collarbone still attached to body (western cut) 1.66

(iv) Gutted and headed, with collarbone removed from body (eastern cut) 2.0

(P) Pacific Ocean Perch:

(i) Gilled and gutted 1.14

(ii) Gutted and headed 1.6

(Q) Pacific Cod:

(i) Gilled and gutted 1.23

(ii) Gutted and headed 1.58

(R) Dover sole, English sole, and "other flatfish" as defined in Title 50 of the Code of Federal Regulations, part 660 Subpart C, gutted and headed 1.53

(S) Petrale sole:

(i) Gilled and gutted 1.16

(ii) Gutted and headed 1.51

(T) Arrowtooth flounder, gutted and headed 1.35

(U) Starry flounder, gutted and headed 1.49

(V) Groundfish, glazed:

(i) Conversion factors must be calculated for each landing for each species or species group categorized in OAR 635-006-0209 when there are 60 or greater individuals of a category in a single landing as follows:

(I) Weigh a sample of at least 20 glazed fish to obtain the glazed weight;

(II) Completely remove glaze from individual fish making up the sample;

(III) Re-weigh the sample to obtain the non-glazed weight;

(IV) Divide the non-glazed weight by the glazed weight to obtain the conversion factor;

(V) A separate conversion factor may be calculated for each size grade of a species, but may only be applied to landings of that size grade;

(VI) Documentation of this calculation must be retained with the dock receiving ticket.

(ii) A conversion factor of 0.95 must be applied when there are fewer than 60 individuals of any species or species group categorized in OAR 635-006-0209 in a single landing.

(h) Total value of food fish landed in another state but not taxed by that state;

(i) Total pounds in the round of all food fish landed in another state but not taxed by that state;

(j) Total fees due - in accordance with ORS 508.505 the fees are the value of the food fish at the point of landing multiplied by the following rates:

(A) All salmon and steelhead, 3.15 percent.

(B) Effective January 1, 2005, all black rockfish, blue rockfish and nearshore fish (as defined by ORS 506.011), 5.00 percent.

(C) Effective January 1, 2010, all other food fish (except tuna, shellfish, crab, shrimp, sablefish, and whiting, as defined by ORS 508.505) and all other groundfish, 2.25 percent.

(D) All tuna (as defined by ORS 508.505), 1.09 percent.

(E) All crab, 2.35 percent.

(F) All sablefish, 2.40 percent.

(G) All sardines, 2.25 percent.

(H) All shellfish, 2.30 percent.

(I) All shrimp, 2.40 percent.

(J) All whiting, 2.30 percent.

(k) Signature of the individual completing the report.

(4) The monthly report and all landing fees due shall be sent to the Department on or before the 20th of each month for the preceding calendar month. Landing fees are delinquent if not received or postmarked within 20 days after the end of the calendar month. A penalty charge of $5 or five percent of the landing fees due, whichever is larger, shall be assessed along with a one percent per month interest charge on any delinquent landing fee payments.

(5) Notwithstanding section (3)(g) 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, round pounds may be determined at sea prior to landing using scales that meet the requirements of the Code of Federal Regulations, Part 660, Subpart C, Section 660.15(b).

Or. Admin. Code § 635-006-0215

FC 246-1972, f. 5-5-72, cert. ef. 5-15-72; FC 274-1974, f. 3-20-74, cert. ef. 4-11-74; FWC 28, f. 11-28-75, ef. 1-1-76, Renumbered from 625-040-0140; FWC 48-1978, f. & ef. 9-27-78, Renumbered from 635-036-0585; FWC 17-1981(Temp), f. & ef. 5-22-81; FWC 25-1981(Temp), f. 7-8-81, ef. 7-15-81; FWC 27-1981, f. & ef. 8-14-81; FWC 1-1986, f. & ef. 1-10-86; FWC 4-1987, f. & ef. 2-6-87; FWC 99-1987, f. & ef. 11-17-87; FWC 142-1991, f. 12-31-91, cert. ef. 1-1-92; FWC 22-1992(Temp), f. 4-10-92, cert. ef. 4-13-92, FWC 53-1992, f. 7-17-92, cert. ef. 7-20-92; FWC 5-1993, f. 1-22-93, cert. ef. 1-25-93; DFW 38-1999, f. & cert. ef. 5-24-99; DFW 112-2003, f. & cert. ef. 11-14-03; DFW 31-2004, f. 4-22-04, cert. ef. 5-1-04; DFW 118-2005(Temp), f. & cert. ef. 10-10-05 thru 12-31-05; DFW 139-2005, f. 12-7-05, cert. ef. 1-1-06; DFW 79-2008(Temp) f. & cert. ef. 7-10-08 thru 12-31-08; DFW 142-2008, f. & cert. ef. 11-21-08; DFW 70-2009(Temp), f. 6-15-09, cert. ef. 6-16-09 thru 12-12-09; DFW 73-2009(Temp), f. 6-24-09, cert. ef. 6-25-09 thru 12-21-09; DFW 39-2010(Temp), f. 3-30-10, cert. ef. 4-1-10 thru 9-27-10; DFW 47-2010(Temp), f. 4-26-10, cert. ef. 4-27-10 thru 10-23-10; DFW 157-2010, f. 12-6-10, cert. ef. 1-1-11; DFW 102-2011(Temp), f. 7-29-11, cert. ef. 8-1-11 thru 10-31-11; DFW 164-2011, f. 12-27-11, cert. ef. 1-1-12; DFW 77-2012, f. 6-28-12, cert. ef. 7-1-12; DFW 83-2012(Temp), f. & cert. ef. 7-5-12 thru 12-31-12; DFW 151-2012, f. 12-27-12, cert. ef. 1-1-13; DFW 68-2013(Temp), f. & cert. ef. 7-3-13 thru 12-30-13; DFW 106-2014(Temp), f. 7-30-14, cert. ef. 8-1-14 thru 12-31-14; DFW 4-2015, f. 1-13-15, cert. ef. 1/15/2015; DFW 28-2015(Temp), f. 4-9-15, cert. ef. 5-1-15 thru 10-27-15; DFW 139-2015, f. 10-14-15, cert. ef. 1/1/2016; DFW 51-2016(Temp), f. 5-17-16, cert. ef. 5-18-16 thru 11-13-16; DFW 72-2017 (Temp), f. & cert. ef. 6-14-17 thru 12-9-17; DFW 110-2017(Temp), f. & cert. ef. 8-11-17 thru 2-5-18; DFW 1-2018, amend filed 01/01/2018, effective 1/1/2018; DFW 71-2018, temporary amend filed 06/19/2018, effective 06/19/2018 through 12/15/2018; DFW 6-2019, amend filed 01/23/2019, effective 1/23/2019; DFW 123-2019, temporary amend filed 08/21/2019, effective 8/21/2019 through 1/31/2020; DFW 172-2019, amend filed 12/10/2019, effective 1/1/2020; DFW 93-2024, temporary amend filed 10/03/2024, effective 10/7/2024 through 12/31/2024

Statutory/Other Authority: SB 247 (2015), ORS 506.036, ORS 506.109, ORS 506.119, ORS 506.129 & ORS 508.530

Statutes/Other Implemented: ORS 506.109, ORS 506.129, ORS 508.535, ORS 508.505 & ORS 508.550