(2) The board shall review a denial as a contested case under ORS chapter 183. Orders issued by the board are not subject to review by the commission, but may be appealed as provided in ORS 183.482.
(3) The board may waive requirements for renewal of a developmental fisheries permit or a restricted permit established under subsection (6) of this section if the board finds that an individual applicant fails to meet the requirements as the result of illness, accident or other circumstances beyond the individual’s control.
(4) The board may delegate to the department the board’s authority to waive requirements for renewal of developmental fisheries permits or restricted permits established under subsection (6) of this section.
(5) The board may adopt such rules as it determines necessary to carry out its duties, functions and powers under this section.
(6) Once the commission determines that a commercial harvest of a developmental fishery can be sustained, it may remove that fishery from the developmental fisheries list, and may, by rule, establish a restricted participation system or a restricted vessel permit system for that fishery. These restricted permit systems may include, but are not limited to, provisions relating to the following matters:
(a) Establishment of criteria for initial entry into the restricted permit system and criteria for annual qualification for continued participation in the system; and
(b) Establishment of terms and conditions for transferring participation rights. [2007 c.95 §2; 2009 c.832 §18]