OAR 635-410-0000: Authority of the Department of Fish and Wildlife

ORS 468B.060 provides the Oregon Department of Fish and Wildlife with authority to seek damages in a court of competent jurisdiction for the value of fish and wildlife injured or killed as the result of pollution or violation of the condition of any permit, and for all costs of restoring fish and wildlife production in affected areas. In addition, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) provides for recovery of damages to natural resources by the federal government and/or state governments. OAR 635-410-0000 through 635-410-0035 describe how the Department shall investigate, document and assess the value of natural resource losses pursuant to its authority under state and federal law. Nothing in these rules, however, shall preclude assessment of losses according to formulas set forth in CERCLA regulations.