Stat. Auth.:ORS509.230 Stats. Implemented:ORS508.775 - 508.796 Hist.: Dfw 160-2014, F. & Cert. Ef. 12-8-14

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_600/oar_635/635_440.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF FISH AND WILDLIFE









 

DIVISION 440
COLUMBIA RIVER FISHERIES TRANSITION
PROGRAM
635-440-0001
Definitions
For the purposes of administrative rules
found in Division 440 the following definitions apply:
(1) “Economic Harm”
means the reduction, unrelated to environmental and market variability or personal
circumstances, in the annual income of an individual who holds a vessel permit issued
pursuant to ORS 508.775 to ORS 508.796 from fishing under the permit that is due
to Columbia River fish management and reform adopted by rule of the commission.
(2) “Fund” means
the Columbia River Fisheries Transition Fund.
(3) “County Program”
means an established Columbia River fisheries transition program by an Oregon county.
(4) “Permit”
means a Columbia River vessel permit as defined in ORS 508.775 to 508.796
(5) “Eligible Applicants”
means county governments that have established an advisory committee and otherwise
met the requirements listed in OAR 635-440-0010 and are prepared to assess applications
from persons who apply for Columbia River Fisheries Transition funds from the county.
Stat. Auth.: ORS 509.230
Stats. Implemented: ORS 508.775
- 508.796
Hist.: DFW 160-2014, f. &
cert. ef. 12-8-14
635-440-0005
Purpose
The purpose of these rules is to provide
criteria and procedures for implementation and administration of the Columbia River
Fisheries Transition Program. Funds will be granted to qualified county programs
for:
(1) Compensation to individuals
who hold a valid permit and who provide documentation of economic harm;
(2) Financial assistance
to individuals who hold a valid permit and who demonstrate a history of recent landings
under a permit, to help offset the cost to those individuals of fishing equipment
required as a result of fishing gear changes caused by restrictions related to Columbia
River fish management and reform adopted by rule of the Commission.
Stat. Auth.: ORS 509.230
Stats. Implemented: ORS 508.775
- 508.796
Hist.: DFW 160-2014, f. &
cert. ef. 12-8-14
635-440-0010
Standards to Determine Grant Award
Eligibility
(1) The Department may approve a county
program that meets the stated purpose of this rule and contains the elements specified
in this section.
(2) Grants are subject to
available funding in the Columbia River Transition Fund. A county may qualify for
funds if a county has a program that meets the following requirements:
(a) A county must establish
a county advisory committee to oversee the county program.
(b) Advisory committee membership
shall include at a minimum:
(A) One county commissioner;
(B) Two members who own or
manage a permit or who have expertise related to commercial fisheries; and
(C) Two members who are not
employed in the commercial fishing industry and who represent the public interest
in the equitable administration of public funds.
(c) A county must establish
a procedure by which permit owners who have experienced economic harm shall be given
funds received under the county program.
(d) A county program must
require that an advisory committee must establish compensation rates for economic
harm that are based on fair market value.
(e) A county program must
establish eligibility requirements for compensation that ensures, that the person
did experience legitimate economic harm.
(f) The county will be reimbursed
an amount of money, approved by the Oregon Department of Fish and Wildlife, to cover
the allowable expenditures necessary to implement the county program during the
calendar year. Allowable expenditures are:
(A) Establishing a county
advisory committee.
(B) Establishing a procedure
by which persons applying for compensation will provide sufficient evidence of economic
harm.
(C) Establishing a procedure
by which persons applying for financial assistance for economic hardship provide
an estimate of the potential cost.
(D) Distributing grant program
funds.
(E) Preparation of an annual
report to the Department.
Stat. Auth.: ORS 509.230
Stats. Implemented: ORS 508.775
- 508.796
Hist.: DFW 160-2014, f. &
cert. ef. 12-8-14
635-440-0015
Distribution of Funds by County
Funds received by a county program from
the Department may only be used to reimburse the following expenses or losses:
(1) Compensation to permit
holders for documented economic harm
(2) Compensation to permit
holders for gear changes.
(3) Compensation to the county
for allowable expenditures necessary to implement the county program during the
calendar year.
Stat. Auth.: ORS 509.230
Stats. Implemented: ORS 508.775
- 508.796
Hist.: DFW 160-2014, f. &
cert. ef. 12-8-14
635-440-0020
Grant Application Procedures
(1) Grant application forms will be
made available and distributed by the Department on request by a county.
(2) Each county shall submit
its proposal for funding on the Department’s application form, including attachments
as necessary.
(3) Applications for funds
for a calendar year shall be submitted to the Department by March 1 of the following
year. Late submissions may be accepted at the discretion of the Department.
(4) Grant applications may
only be made for the purposes outlined in OAR 635-440-0015.
Stat. Auth.: ORS 509.230
Stats. Implemented: ORS 508.775
- 508.796
Hist.: DFW 160-2014, f. &
cert. ef. 12-8-14
635-440-0025
Grant Application Review
(1) The Department will review county
grant applications to evaluate the reasonableness of the amount of money requested.
The Department may use formulas it may derive for allocating available funds equitably
among grant requests by multiple qualifying county programs.
(2) The Department will review
each application for completeness, accuracy, and consistency with these rules. Incomplete
applications may be returned for correction or completion. Applications not meeting
the standards established in these rules may be denied. If an application is denied,
the Department will identify standards necessary for approval of a future grant
application.
Stat. Auth.: ORS 509.230
Stats. Implemented: ORS 508.775
- 508.796
Hist.: DFW 160-2014, f. &
cert. ef. 12-8-14
635-440-0030
Grant Awards
After reviewing a county application,
the Department will make one of the following decisions for each county’s
grant request.
(1) Approval of grant award
for the full amount requested;
(2) Approval of grant award
of partial amount requested.
(3) Deferral of request for
further consideration based upon submission of additional information;
(4) Denial of request.
Stat. Auth.: ORS 509.230
Stats. Implemented: ORS 508.775
- 508.796
Hist.: DFW 160-2014, f. &
cert. ef. 12-8-14
635-440-0035
Grant Administration
The Department and county shall enter
into a grant agreement by January 1 of each year that includes but is not limited
to the following:
(1) A detailed description
of the county program and a description of the work elements for which grant funding
is received. This description shall include description of the criteria to be used
for assessing eligibility of permit holders, relevant advisory committee bylaws,
and other procedures by which the county will manage the compensation program.
(2) A payment schedule as
determined by the Department.
(3) A condition requiring
the participating county to prepare an annual report that specifies the actions
taken, compensation paid and financial assistance provided under the grant. This
report will be due to the Department on June 1 of each year following an awarded
grant.
(4) A condition allowing
the Department to withhold the relevant payment pending resolution of the identified
deficiencies in grant administration or in the event the Department finds a report
unsatisfactory.
(5) A condition allowing
termination of the grant agreement if a county is consistently unable to meet requirements
as identified in the grant or as consistent with law.
(6) A condition requiring
counties to maintain any and all records necessary for the Department to audit and
review the county program.
(7) A condition specifying
that grantees and the Department may amend timelines specified in the grant agreement
provided such amendments are in writing and are mutually agreed to.
(8) A condition specifying
that unexpended grant funds not used by the county must be returned to the Department
for re-deposit in the Transition Fund.
Stat. Auth.: ORS 509.230
Stats. Implemented: ORS 508.775
- 508.796
Hist.: DFW 160-2014, f. &
cert. ef. 12-8-14

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