Or. Admin. Code § 350-082-0450

Current through Register Vol. 63, No. 12, December 1, 2024

Section 350-082-0450 - Small-Scale Fishing Support and Fish Processing Operations

(1) Small-scale fishing support and fish processing operations in conjunction with a family-based commercial fishing business may be allowed where authorized in specified land use designations and consistent with sections (2) through (15) below):

(2) The operation shall comply with 350-082-0130(1). In addition, if the operation will be located on land designated Small Woodland, then it shall also comply with 350-082-0270(5) and (6).

(3) The following fishing support activities may be allowed: maintenance, repair, and storage of boats, nets, fish totes and other commercial fishing equipment that is used in the family-based commercial fishing business; and garaging of fish hauling trucks, trailers and all other related equipment that is used in the family-based commercial fishing business.

(4) The following fish processing activities may be allowed: cleaning, gutting, heading, and icing or freezing of fish that is caught by the family-based commercial fishing business. Other fish processing activities shall not be allowed, including, but not limited to, canning, smoking, salting or brining for wholesale or retail sale.

(5) The operation shall be located on a lawful parcel that is contiguous with and has direct access to the Columbia River.

(6) The subject parcel shall include a lawful dwelling, and the permanent resident of the dwelling shall participate in the fishing support and fish processing operation.

(7) The operation may only employ residents of the dwelling and up to three outside employees.

(8) No more than 25 percent of the total actual living space of the dwelling may be used for the fishing support and fish processing operation.

(9) The operation may take place in an existing or new lawful accessory building or an existing agricultural building on the subject parcel. A new building constructed for the purpose of housing a fishing support and fish processing operation shall be considered an accessory building. An existing agricultural building shall not be expanded, and a new agricultural building shall not be constructed for the purpose of housing a fishing support and fish processing operation.

(10) An accessory building used in the fishing support and fish processing operation may be allowed up to 2,500 square feet.

(11) Docks may be allowed as follows:

(a) One dock serving a parcel with an approved fishing support and fish processing operation may be allowed up to 500 square feet in size.

(b) For multiple contiguous parcels each with an approved fishing support and fish processing operation, the area of the docks authorized in in subsection (A) above may be combined into one dock, provided the total size of the dock shall not exceed 2,000 square feet.

(12) There shall be no outside visible evidence of the fishing support and fish processing operation, including storage, other than boats and docks.

(13) No retail sales may occur on the parcel.

(14) The operation shall only support and shall only be used to process fish caught by residents of the dwelling and up to three outside employees.

(15) Before beginning the operation, applicants shall demonstrate that they have obtained and complied with federal, state and local water quality and wastewater permits.

Or. Admin. Code § 350-082-0450

CRGC 1-2022, adopt filed 03/02/2022, effective 5/1/2022

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c)

Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c)