OAR 603-082-0020
Definitions


For purposes of OAR 603-082-0010 (Purpose) through 603-082-0100 (Scheduling, Notice and Conduct of Hearings), the definitions in ORS 183.310 (Definitions for chapter) and 622.210 (Department defined) apply. In addition:

(1)

“Claimant” means a person or agency that claims control of a plat granted by the department under ORS 622.210 (Department defined) to 622.992 (Criminal penalty).

(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 (Application for new plats); and

(b)

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

(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.
Last Updated

Jun. 8, 2021

Rule 603-082-0020’s source at or​.us