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 garden, marine conservation area, marine protected area, marine research area, or seabird protection area. (2) Applicants for an authorization within a marine reserve, marine garden, marine conservation area, marine protected area, marine research 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(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 garden, marine conservation area, marine protected area, marine research 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 garden, marine conservation area, marine protected area, marine research 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 to 196.990) 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 garden, marine conservation area, marine research area, 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 to 274.895, 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 garden, marine conservation area, marine protected area, marine research area, or seabird protection area. (7) These rules are not intended to affect consent decrees or other agreements between the State of Oregon and any Oregon federally recognized Tribe, nor are these rules intended to change any state agency policy recognizing Tribal rights in rocky habitat areas. (8) The department shall provide all affected Oregon federally recognized Tribes the opportunity for consultation regarding any department action, including the planning, taking place in the rocky habitat areas. (9) The department shall make good faith efforts to avoid, minimize or mitigate impacts to cultural resources or historic properties in rocky habitats as determined by the State Historic Preservation Office or Tribal Historic Preservation Office. The department shall consult with affected Oregon federally recognized Tribes as appropriate.