Oregon Revised Statutes
As used in this chapter: “Dealer” means every person or peddler engaged in the business of growing, harvesting, processing or distributing shellfish for human consumption. “Department” means the State Department of Agriculture. “Peddler” means every person who on the person’s own behalf or as the agent of another goes from place to place, or house to hous…
The Legislative Assembly finds and declares that it is the policy of the State of Oregon to seek opportunities to: Enhance and expand cultivated shellfish production; Conserve, protect and restore wild populations of native shellfish; and Improve water quality and the health of aquatic and marine habitats. In furtherance of the policy declared by this se…
No person shall act as a dealer without the certificate or certificates of shellfish sanitation issued by the State Department of Agriculture.
This chapter shall not affect the following: Retail stores selling to the ultimate consumer. Operations subject to ORS chapters 616, 619, 621, 625, ORS 624.010 to 624.121, 632.275 to 632.290, 632.450 to 632.490 and 632.900 to 632.985 and to the rules pursuant thereto. Out-of-state dealers operating under a state shellfish program indorsed by the United St…
A certificate of shellfish sanitation shall specify the area of operation to which it applies. A separate certificate validated for each area of operation as defined by ORS 622.080 and the State Department of Agriculture rules made under this chapter is required.
A dealer shall make application to the State Department of Agriculture for a certificate or certificates of shellfish sanitation. The application shall be accompanied by the required fee or fees. The department shall issue the initial certificate or certificates of shellfish sanitation, if on inspection the department finds that the dealer has complied with…
The State Department of Agriculture may suspend, deny or revoke any certificate of shellfish sanitation issued under this section for violation of any applicable provisions of ORS 622.010 to 622.180 or any rule promulgated under ORS 622.180. Procedures for denial, revocation or suspension of a certificate shall be as provided in ORS chapter 183.
Persons engaged in the growing, production, harvesting or distribution of shellfish who receive from such operations not more than $50,000 in annual gross income shall pay annual fees to the State Department of Agriculture. The department shall establish the amount of the annual fees by rule, not to exceed: $300 for a certificate of shellfish sanitation as …
The moneys received under ORS 622.050 shall be paid into the State Treasury and placed to the credit of the Department of Agriculture Service Fund. Such moneys hereby are appropriated continuously and shall be used only for the administration and enforcement of ORS 622.010 to 622.180. ORS 291.238 does not apply to the expenditure of such moneys.
A certificate of shellfish sanitation issued under this chapter is not transferable from one dealer to another or from one area of operation to another.
Every dealer shall display the certificate of the dealer or certificates of shellfish sanitation in accordance with the rules made under this chapter.
No dealer shall send or accept any shellfish without a signed statement attached showing: The name of the consignor. The name of the consignee. The number of the consignor’s certificate of shellfish sanitation issued at the point of origin and the date of harvesting or packing, if the consignor is required by law to have a certificate of shellfish sanitat…
Any dealer who gathers or receives shellfish from any source other than that designated in the certificate or certificates of shellfish sanitation shall keep accurate records of the amount and source of such shellfish, which records shall be retained for at least 90 days. The State Department of Agriculture shall have access to these records for inspection.
The State Department of Agriculture may contract with the Department of State Police, using such funds as may be available therefor from fees paid to the Department of Agriculture Service Fund pursuant to ORS 622.080, for enforcement of the provisions of ORS 622.010 to 622.180.
For the protection of the public health, the State Department of Agriculture shall have the following powers and all powers necessary and proper to insure sanitary conditions in the production and distribution of shellfish: The department shall have power to make rules necessary to enforce the provisions of this chapter. These rules shall at least include t…
As used in ORS 622.210 to 622.360, “department” means the State Department of Agriculture.
The commercial cultivation of oysters, clams and mussels is declared to be an agricultural activity subject to the regulatory authority of the State Department of Agriculture. The department shall be the lead agency responsible for state administration of programs and policies relating to the commercial cultivation of oysters, clams and mussels. The State F…
All plats, rights, claims and plantations, and leases lawfully held for such plats, rights, claims and plantations that exist upon the passage of this 1969 Act shall be converted to plats, shall be filed with the State Department of Agriculture by July 1, 1970, and shall: Include a legal description of the area applied for, specifying its acreage. Be accom…
The State Department of Agriculture shall investigate and classify those state lands that are suitable for oyster, clam or mussel cultivation. The department shall consult with appropriate local, state and federal agencies to determine whether lands proposed by an applicant for oyster, clam and mussel cultivation are suitable for such shellfish cultivation.
The State Department of Agriculture shall conduct a pilot project for increasing the frequency of water quality monitoring and analysis related to the closure and opening of shellfish harvesting on state lands classified as suitable for oyster, clam or mussel cultivation under ORS 622.240. In conducting the pilot project required by this section, the State …
The Legislative Assembly finds and declares that it is the purpose of the pilot program established by ORS 622.243 to expand on the valuable work completed through the pilot project by the State Department of Agriculture authorized under section 7, chapter 814, Oregon Laws 2015, to increase the frequency of water quality monitoring and analysis related to th…
A prospective applicant for the cultivation of oysters, clams or mussels shall, no later than 30 days prior to filing an application under ORS 622.250, participate in a preapplication conference with the State Department of Agriculture and other appropriate local, state and federal agencies. Not less than 14 days before the preapplication conference, the pr…
Applicants for new oyster plats, in addition to submitting an application in compliance with ORS 622.230 (1) and (2) and the submission of a fee of $250 per plat, shall cause notice of the application to be published once a week for two consecutive weeks in a newspaper of general circulation in each county where any area applied for, or any part thereof, is …
The State Department of Agriculture shall cause copies of the provisions of ORS 622.230 and 622.250 to be made available at the courthouse of each county in which an applicant’s approved plat, or part thereof, is located.
Any person cultivating oysters, clams or mussels on public or private land in this state shall file an annual report with the State Department of Agriculture before March 1 of each year showing the number of gallons, bushels or dozens of each species of oysters, or the number of pounds of each species of clams or mussels harvested by the person during the pr…
If, for a period of three years after the filing of a plat under chapter 675, Oregon Laws 1969, more than one-half the lands claimed are unproductive, the State Department of Agriculture may withdraw from a claimant and consider abandoned any portion of the unproductive lands claimed by such claimant. However, the reason for such unproductiveness shall not i…
Persons using state lands for cultivating oysters, clams or mussels shall pay annual cultivation fees and use taxes quarterly to the State Department of Agriculture. Fees and taxes become delinquent 30 days after the end of the quarter. Use taxes shall be in the amount of 10 cents per gallon of oysters if sold by the gallon, 10 cents per bushel of oysters i…
All moneys received by the State Department of Agriculture under ORS 622.290 shall be paid over to the State Treasurer and deposited in the Department of Agriculture Service Fund and be subject to ORS 561.144. All such moneys are appropriated continuously to the department to carry out the provisions of this chapter.
Except as required in ORS 622.270 for production reporting, nothing in ORS 506.036 and 622.210 to 622.310 affects any oyster cultivation right acquired prior to January 1, 1982, pursuant to chapter 675, Oregon Laws 1969.
Any plats of lands for the cultivation of oysters, clams or mussels held by citizens of this state, if distinctly marked out by means which do not obstruct navigation, and not exceeding the extent allowed by regulations, shall be deemed and protected as private property. Such plats, however, shall not restrict the rights of the public to the use of the water…
Except as required in ORS 622.270 for production reporting, nothing in ORS 509.505, 511.625, 622.210 to 622.300 and 622.320 interferes with any rights in, or ownership of, any private plantations of oysters or oyster beds acquired or held under law existing on February 17, 1921.
Sales, leases, assignments, conveyances, relinquishments and other transfers of oyster plantations and claims, or parts thereof, or of plats for the cultivation of oysters, clams or mussels may be made by reference to the plat filed as provided in ORS 622.210 to 622.300 and 622.320. The heirs, successors, assignees and lessees of those plats are entitled to …
Nothing in ORS 622.340 invalidates any claim or plat filed prior to June 14, 1939, or invalidates in any manner any transfers, debts or conveyances made prior to June 14, 1939, of oyster claims or lands made by reference to any filed claims or plats.
Nothing in ORS 622.210, 622.220, 622.240, 622.250, 622.270, 622.280, 622.290, 622.320 or 622.340 is intended to affect activities on the ocean shore, as defined in ORS 390.605.
PENALTIES
Violation of any provision of ORS 622.010 to 622.180 or the rules of the division promulgated under ORS 622.180 is a Class C misdemeanor.
In addition to any penalty available under ORS 561.190 or 622.992, the State Department of Agriculture may impose a civil penalty for a violation of ORS 622.010 to 622.180 or of rules adopted under ORS 622.180. For the purposes of this section, each day a violation continues after the period of time established for compliance shall be considered a separate v…