Chapter 622 — Chapter 622

ORS 622.010 Definitions. As used in this chapter

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ORS 622.015 Shellfish policy. (1) The Legislative Assembly finds and declares that it is the policy of the State of Oregon to seek opportunities to

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ORS 622.020 Certificate of shellfish sanitation required to be dealer. No person shall act as a dealer without the certificate or certificates of shellfish sanitation issued by the State Department of Agriculture. [1955 c.331 §3; 1973 c.508 §2]

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ORS 622.030 Exemptions. This chapter shall not affect the following

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ORS 622.040 Certificate required for each area of operation. 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. [1955 c.331 §7(3); 1973 c.508 §3]

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ORS 622.050 Application for certificate; inspections; expiration and renewal; rules. (1) 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

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ORS 622.060 [1955 c.331 §9; repealed by 1973 c.508 §5; (622.065 enacted in lieu of 622.060)]

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ORS 622.065 Denial, suspension and revocation of certificate; procedure. (1) 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

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ORS 622.070 [1955 c.331 §10; repealed by 1973 c.508 §5 (622.065 enacted in lieu of 622.070)]

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ORS 622.080 Certificate fees; rules. (1) 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

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ORS 622.090 Disposition of fees. 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. [1955 c.331 §7(1); 1973 c.427 §12; 1993 c.720 §5]

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ORS 622.100 Certificate not transferable. 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. [1955 c.331 §7(6)]

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ORS 622.110 Display of certificates. Every dealer shall display the certificate of the dealer or certificates of shellfish sanitation in accordance with the rules made under this chapter. [1955 c.331 §7(5); 1973 c.508 §8]

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ORS 622.160 Signed statement to be attached to shellfish consignment. No dealer shall send or accept any shellfish without a signed statement attached showing

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ORS 622.170 Records of amount and source of shellfish. 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. [1955 c.331 §5; 1973 c.508 §10]

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ORS 622.175 Contract with State Police for enforcement. 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. [1993 c.720 §7b]

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ORS 622.180 Powers of department; rules; inspections; samples; condemnation. 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

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ORS 622.210 Department defined. As used in ORS 622.210 to 622.360, “department” means the State Department of Agriculture. [1981 c.638 §2; 1997 c.375 §1]

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ORS 622.220 Jurisdiction; rules; violations. (1) 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

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ORS 622.230 Conversion of plantations to plats; fees. 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

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ORS 622.240 Classifying lands for cultivation. 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. [Formerly 509.429; 1997 c.375 §3]

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ORS 622.243 Water quality pilot project. (1) 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

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ORS 622.246 Purpose of water quality monitoring and analysis. 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 the closure and opening of shellfish harvesting in Tillamook Bay. [2017 c.711 §2]

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ORS 622.248 Preapplication conferences. (1) 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

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ORS 622.250 Application for new plats; fee; notice. (1) 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 located. The notice must state the name of the applicant and the type of operation the applicant proposes to conduct and must describe the area to be planted with oysters

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ORS 622.260 Copies of laws to be available. 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. [Formerly 509.433]

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ORS 622.270 Reports of cultivators. (1) 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 preceding calendar year. The report shall be made on forms provided by the department

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ORS 622.280 Withdrawal of unproductive lands. (1) 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 include restrictions by governmental health authorities, the unavailability of seed or infestation by pest or disease

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ORS 622.290 Annual fees and taxes; rules. (1) 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

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ORS 622.300 Use of fees and taxes. 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. [Formerly 509.451; 2011 c.323 §3]

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ORS 622.310 Effect on prior-acquired rights. 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. [1981 c.638 §12; 2015 c.814 §3]

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ORS 622.320 Plats as private property; restriction of public use of waters prohibited. 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 waters of this state in a normal and customary manner. [Formerly 509.455; 1997 c.375 §8]

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ORS 622.330 Private oyster beds acquired under prior law not affected. 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. [Formerly 509.470; 2015 c.814 §4]

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ORS 622.340 Transfer by reference to filed plat; fee. (1) 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 continued possession of such plats by compliance with ORS 622.210 to 622.300 and 622.320

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ORS 622.350 Prior claims, plats, transfers or debts unaffected. 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. [Formerly 509.500]

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ORS 622.360 Cultivation does not affect ocean shore activities. 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. [1997 c.375 §11]

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ORS 622.990 [1955 c.331 §11; repealed by 1973 c.508 §12 (622.992 enacted in lieu of 622.990)]

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ORS 622.992 Criminal penalty. 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. [1973 c.508 §13 (enacted in lieu of 622.990)]

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ORS 622.996 Civil penalties; rules; hearing; disposition of moneys. (1) 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 violation unless the department finds that a different period of time is more appropriate to describe a specific violation event

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