Or. Admin. Code § 603-082-0020

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-082-0020 - Definitions

For purposes of OAR 603-082-0010 through 603-082-0100, the definitions in ORS 183.310 and 622.210 apply. In addition:

(1) "Claimant" means a person or agency that claims control of a plat granted by the department under ORS 622.210 to 622.992.

(2) "Cultivation" means the process of growing or farming cultured oysters, clams or mussels with the primary intent to make a profit in money. Cultivation includes activities associated with bed or site preparation, seeding, grow out and harvesting and includes methods that:

(a) Are or may be used on an operation of a similar nature;

(b) Are or may become generally accepted, reasonable and prudent in conjunction with the commercial production of oysters, clams or mussels; and

(c) Comply with applicable laws.

(3) "Cultivator" means any person cultivating oysters, clams or mussels on or within a plat.

(4) "Department" means the State Department of Agriculture.

(5) "Impact" means the actual, expected or predictable results upon navigation, fish and wildlife habitat, recreational activities, commerce or other public uses.

(6) "Plat" means an area:

(a) The department has found to be available and classified as suitable for oyster, clam or mussel cultivation, pursuant to ORS 622.250; and

(b) The department has granted to an applicant for oyster, clam or mussel cultivation pursuant to ORS 622.250.

(7) "Public trust values" include commerce, navigation, fishing and recreation.

(8) "State land" means submerged and submersible lands within the boundaries of the State of Oregon.

(9) "Submerged lands" are lands lying below the line of ordinary low water of all title navigable and tidally influenced water within the State of Oregon.

(10) "Submersible lands" are lands lying between the line of ordinary high water and the line of ordinary low water of all title navigable and tidally influenced water within the State of Oregon.

Or. Admin. Code § 603-082-0020

DOA 11-2003, f. & cert. ef. 2-27-03

Stat. Auth.: ORS 561.190

Stats. Implemented: ORS 622.210 - .ORS 662.360