Or. Admin. Code § 736-020-0035

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

Section 736-020-0035 - Natural Product Removal from the Ocean Shore: Exceptions, Compensation

(1) In accordance with ORS 390.725, natural products of the ocean shore, such as agates, small amounts of marine algae, driftwood or souvenirs of the ocean shore, may be taken by any person, for their own, noncommercial use, from the State recreation areas as described by ORS 390.635, without a permit, except that no person shall collect any amount of natural product of the ocean shore where prohibited by state or federal regulation or right of private ownership.

(2) Each natural product removal permit issued by the Department shall specify an amount and/or form of just compensation to be paid by the permittee. At the Department's discretion, just compensation may be comprised of any combination of the following:

(a) A flat fee ;

(b) A flat fee plus reporting requirements as specified by the Department;

(c) A percentage, not to exceed three percent, of the applicant's gross revenues resulting from the sale of the ocean shore product;

(d) A fee rate per measure, such as weight or volume, not to exceed three percent of the applicant's gross revenues resulting from the sale of the ocean shore product;

(e) Administrative costs to the State of processing the application, issuing the permit, and monitoring the project for permit compliance.

(3) At its discretion, the Department may schedule payment of just compensation over the life of the permit to reflect changing market values, variations in the volume of natural product removal and the availability of the natural product being harvested. Failure of the permittee to make any scheduled payment of just compensation shall be cause for the Department to revoke the permit.

(4) Just compensation payments made under section (2) of this rule are subject to ORS 273.105(2). In accordance with this statute, just compensation payments in excess of the Department's administrative costs of reviewing and processing the application, issuing and administering the permit, and monitoring the project, shall be deposited into the Common School Fund as provided by ORS 273.105(2).

Or. Admin. Code § 736-020-0035

1 OTC 1215, f. 2-10-1970; PR 11-1984, f. & ef. 12-12-84; PR 8-1992, f. & cert. ef. 11-12-92; PRD 7-2000, f. & cert. ef. 5-10-00

Stat. Auth.: ORS 183.545, ORS 189, ORS 390.605 et seq. & ORS 390.124

Stats. Implemented: ORS 390.605 - ORS 390.770 & ORS 390.990 - ORS 390.995