Ore. Marine Reserves State Agencies Proposed Rules

Oregon Marine Reserves State Agencies Proposed Administrative Rules
By Oregon Coastal Zone Management Association,

HB 3013 provides that the Oregon Department of Fish & Wildlife, State Fish and Wildlife Commission, State Land Board and relevant state agencies “…shall, consistent with existing statutory authoriity, implement the November 29, 2008, recommendations from the Ocean Policy Advisory Council (OPAC) on marine reserves by:  1) Adopting rules to establish, study, monitor, evaluate and enforce a pilot marine reserve at Otter Rock and a pilot marine reserve and a marine protected area at Redfish Rocks…”.

The three Oregon state agencies required by HB 3013 (passed in the 2009 Oregon legislative session) to prepare administrative rules concerning the establishment and management of marine reserves and marine protected areas are the Oregon Department of Fish & Wildlife (ODFW), Oregon Parks & Recreation Department (OPRD), and the Oregon Department of State Lands (ODSL).  These agencies are now seeking input from the public on their respective proposed administrative rules.

As a requirement of Oregon’s administrative rulemaking process, public meetings are required prior to adoption of the administrative rules.  There will be three public meetings concerning the respective rules for these three state agencies.  These public hearings are scheduled as follows:

Tuesday, October 20, 2009 (1:00—3:00 p.m.); State Lands Building (State Lands Board Room), 775 Summer Street, NE, Salem, Oregon

Thursday, October 22, 2009 (7:00—9:00 p.m.); The Inn at Otter Crest, 301 Otter Crest Drive, Otter Rock, Oregon

If folks are unable to attend any of the public meetings and wish to submit written comments on any or all of the proposed administrative rules, comments can be submitte as folows:

[email protected] (for ODFW comments)

[email protected] (for ODSL comments)

The Oregon Department of Fish & Wildlife manages the fish and wildlife resources of the state.  ODFW’s proposed rules regulate fishing and hunting activities in the marine reserves and marine protected areas, while continuing to allow for certain uses such as scientific research, retrieval of fishing gear that has drifted into the area, and transiting, drifting, or anchoring in the marine reserve or marine protected area.  ODFW will accept comments until December 11, 2009, on which date the Oregon Fish & Wildlife Commission (OFWC) will adopt the ODFW rules.

The Oregon Parks & Recreation Department (OPRD) is responsible for managing public recreation and natural resources from low tide landward, normally up to the vegetation line.  The ocean shore recreation area is affected by one of the two proposed marine reserves pilot projects:  Otter Rock.  With few exceptions for things like research, removing or damaging natural materials—rocks, plants, animals or any other natural object—would not be allowed in the rocky, northern section of Otter Rock between extreme low and mean high tide.  The area would remain open to the public and pets.  OPRD will accept comments until November 17, 2009; the Oregon Parks & Recreation Commission is scheduled to adopt their rules at their January 28, 2010 meeting.

The Oregon Department of State Lands (ODSL) manages the land underlying Oregon’s territorial sea (which extends three miles seaward from Oregon’s coastline) and authorizes uses such as telecommunications cables and pipelines placed on the seafloor.  Under the proposed rules, ODSL would issue authorizations in marine reserves and marine protected areas only for activities focusing on monitoring, evaluating, enforcing, protecting or otherwise furthering the study of these areas.  ODSL will accept comments until November 17, 2009, and the Oregon State Land Board is scheduled to adopt their rules at their December 8, 2009 meeting.

The Oregon Department of Land Conservation & Development (DLCD) has established an Oregon marine reserves web site with information relating to the marine reserves process within Oregon for the benefit of the people of Oregon, the Oregon Ocean Policy Advisory Council (OPAC), and its Marine Reserves Working Group.  Address of this web site is as follows:  www.oregonmarinereserves.net/rulemaking/.

The proposed administrative rules for each agency can be downloaded below under Printable Reports, along with HB 3013.

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