OAR 141-142-0020
General Provisions
(1)
The Department will only grant an authorization or a removal-fill permit for a regulated removal-fill activity if the use, or removal, fill or alteration of material is necessary to study, monitor, evaluate, enforce or protect or otherwise further the studying, monitoring, enforcement and protection of the marine reserve, marine protected area or seabird protection area.(2)
Applicants for an authorization within a marine reserve, marine protected area or seabird protection area must provide evidence suitable to the Department and other reviewing agencies that their proposed use meets the requirements of OAR 141-142-0020 (General Provisions)(1) and the management plan adopted and in force for the area at the time the application is submitted.(3)
The Department will honor the terms and conditions of any valid authorization (including any provisions providing for a right of renewal) previously granted by the Department for a use existing within an area designated as a marine reserve, marine protected area, or seabird protection area at the time of its designation if the holder of the authorization is, and continues to be in full compliance with the terms and conditions of the authorization.(4)
The Department will condition any authorization to use or place a structure on, in or over state-owned submerged and submersible land in an area designated as a marine reserve, marine protected area or seabird protection area to require that the holder receive all other authorizations required by the Department (such as a Removal-Fill Authorization under ORS 196.800 (Definitions for ORS 196.600 to 196.921) to 196.990 (Penalties)) and other local, state, and federal entities before using the area.(5)
Any person applying to the Department for an authorization to place any structure on, in or over state-owned submerged and submersible land in an area designated as a marine reserve, marine protected area, or seabird protection area must describe in the application how they will remove the structure pursuant to the requirements of the Territorial Sea Plan.(6)
Notwithstanding the provisions of ORS 274.885 (Lease of kelp fields) to 274.895 (Removing kelp without lease), no person may harvest or remove any kelp or other seaweed for any purpose within an area designated as a marine reserve or marine protected area unless expressly authorized by the Department to do so in order to study, monitor, evaluate, enforce or otherwise further the purpose of the marine reserve, marine protected area or seabird protection area.
Source:
Rule 141-142-0020 — General Provisions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=141-142-0020.