Chapter 744 Oregon Laws 2003

AN ACT

HB 3534

Relating to ocean resources management; amending ORS 196.405, 196.407, 196.408, 196.415, 196.420, 196.425, 196.435, 196.438, 196.443, 196.448, 196.453, 196.455 and 196.465; and repealing ORS 196.475.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 196.405 is amended to read:

196.405. As used in ORS 196.405 to 196.515, unless the context requires otherwise:

(1) “Council” means the council established in ORS 196.438.

(2) “Exclusive Economic Zone” has the meaning set forth in Proc. 5030 whereby the United States proclaimed jurisdiction over the resources of the ocean within 200 miles of the coastline.

[(3) “Ocean shore” has the meaning given the term in ORS 390.770.]

[(4)] (3) “Panel” means a project review panel established under ORS 196.453.

[(5)] (4) “Plan” means the Oregon Ocean Resources Management Plan.

[(6)] (5) “Territorial sea” means the waters and seabed extending three geographical miles seaward from the coastline in conformance with federal law.

[(7)] (6) “Territorial Sea Plan” means the plan for Oregon’s territorial sea [and ocean shore adopted as set forth in ORS 196.471].

SECTION 2. ORS 196.407 is amended to read:

196.407. It is the policy of this state to:

(1) Work with the States of Washington and California to explore the possibility of development of communication information systems including a computerized system of coastal and marine resource information.

(2) Work with the States of Washington and California to develop compatible programs of ocean oil spill response, damage assessment and compensation.

[(3) Work with the States of Washington and California and federal agencies to develop programs to complement federal programs which protect marine birds and marine mammals.]

[(4)] (3) Cooperate and coordinate with adjacent states to develop a regional approach to obtaining fisheries information.

SECTION 3. ORS 196.408 is amended to read:

196.408. (1) State agencies shall, to the maximum extent practicable, coordinate development of coastal and ocean information systems with those in adjacent states.

(2) State agencies with responsibility for oil spill and hazardous material response, damage assessment and compensation in the marine environment shall, to the maximum extent practicable, coordinate Oregon’s plans, programs, policies and techniques with those of adjacent states.

(3) State agencies which have jurisdiction over water areas, the seabed and resources adjacent to offshore rocks and islands [shall] may coordinate with adjacent states and federal agencies to develop programs and regulations to manage uses and activities of ocean areas adjacent to coastal cliffs and offshore rocks and islands managed within the National Wildlife Refuge System.

(4) [State agencies with responsibility for marine fishery resource management shall] The State Department of Fish and Wildlife may coordinate with fishery managers in adjacent states to develop a uniform fish catch and monitoring system.

SECTION 4. ORS 196.415 is amended to read:

196.415. The Legislative Assembly finds that:

(1) The Pacific Ocean and its many resources are of environmental, economic, aesthetic, recreational, social and historic importance to the people of this state.

(2) Exploration, development and production of ocean resources likely to result from both federal agency programs in federal waters of the outer continental shelf and initiatives of private companies within state waters will increase the chance of conflicting demands on ocean resources for food, energy and minerals, as well as waste disposal and assimilation, and may jeopardize ocean resources and values of importance to this state.

[(3) There are many state agencies with particular regulatory or program interests in the ocean, its resources and uses but no comprehensive management plan or process to insure that state interests are protected and promoted both within state waters and beyond.]

[(4)] (3) The fluid, dynamic nature of the ocean and the migration of many of its living resources beyond state boundaries extend the ocean management interests of this state beyond the three geographic mile territorial sea currently managed by the state pursuant to the federal Submerged Lands Act.

[(5)] (4) Existing federal laws, the Coastal Zone Management Act of 1972, the Coastal Zone Act Reauthorization Amendments of 1990, the Magnuson Fisheries Management and Conservation Act of 1976, as amended, and the Outer Continental Shelf Lands Act of 1978, recognize the interests of coastal states in management of ocean resources in federal waters and provide for state participation in ocean resources management decisions. The Coastal Zone Act Reauthorization Amendments of 1990 require that all federal coastal activities affecting natural resources, land uses and water uses in the coastal zone must be consistent with the federally approved Oregon Coastal Management Program.

[(6)] (5) The 1983 Proclamation of the 200-mile United States Exclusive Economic Zone has created an opportunity for all coastal states to more fully exercise and assert their responsibilities pertaining to the protection, conservation and development of ocean resources under United States jurisdiction.

[(7)] (6) It is important that the State of Oregon develop and maintain a program of ocean resources management to promote [and insure coordinated] management of living and nonliving marine resources within state jurisdiction [and with adjacent states], to insure effective participation in federal agency planning and management of ocean resources and uses which may affect this state, and to coordinate state agency management of ocean resources with local government management of coastal shorelands and resources.

[(8)] (7) While much is known about the ocean, its composition, characteristics and resources, additional study and research is required to gain information and understanding necessary for sound ocean planning and management.

[(9) New and innovative technologies are needed to insure future development of ocean resources in an environmentally responsible manner.]

[(10) Because Oregon’s coastal local governments have important regulatory responsibilities for land uses and activities along the ocean shoreline, around estuaries and in coastal watersheds which can affect ocean resources, it is essential that comprehensive land use plans and land use regulations be fully coordinated with the state’s program of ocean resource protection and management.]

SECTION 5. ORS 196.420 is amended to read:

196.420. It is the policy of the State of Oregon to:

(1) Conserve the long-term values, benefits and natural resources of the ocean both within the state and beyond by giving clear priority to the proper management and protection of renewable resources over nonrenewable resources;

(2) Encourage ocean resources development which is environmentally sound and economically beneficial to adjacent local governments and to the state;

[(3) Provide for efficient and coordinated ocean resources management through improvement of the state’s coastal management program and statewide land use program;]

[(4)] (3) Assert the interests of this state as a partner with federal agencies in the sound management of the ocean resources within the United States Exclusive Economic Zone and on the continental shelf;

[(5)] (4) [Promote] Encourage research, study and understanding of ocean processes, marine life and other ocean resources [to acquire sufficient scientific inventory information necessary to describe and understand the long-term impacts of the proposed action on resources and uses of the ocean and nearshore area];

[(6)] (5) Encourage research and development of new, innovative marine technologies to study and utilize ocean resources; and

[(7)] (6) [Assure] Ensure that the Ocean Policy Advisory Council will work closely with coastal local governments to incorporate [wherever possible elements of the local comprehensive plan, insuring coordination of Oregon’s Ocean Resources Management Program with local land use plans and land use regulations] in its activities coastal local government and resident concerns, coastal economic sustainability and expertise of coastal residents.

SECTION 6. ORS 196.425 is amended to read:

196.425. To [assure] ensure the conservation and development of ocean resources affecting Oregon consistent with the purposes of ORS 196.405 to 196.515 [and 201.370], a [coordinated] program of ocean resource planning and management is established. This program shall be known as the Oregon Ocean Resources Management Program and is part of Oregon’s coastal management program. The Oregon Ocean Resources Management Program consists of:

(1) Applicable elements of the Oregon Coastal Management Program approved by the U.S. Secretary of Commerce on July 7, 1977, and as subsequently amended pursuant to the Coastal Zone Management Act of 1972, including statutes[, programs and policies of state agencies which] that apply to coastal and ocean resources, those elements of [acknowledged] local comprehensive plans of jurisdictions within Oregon’s coastal zone as defined in the Oregon Coastal Management Program which may be affected by activities or use of resources within the ocean, and those statewide planning goals which relate to the conservation and development of ocean and coastal resources;

(2) The Ocean Policy Advisory Council [and any cooperative agreements entered into by the council] or its successor;

(3) Those portions of the Oregon Ocean Resources Management Plan [as prepared and adopted pursuant to] that are consistent with ORS 196.405 to 196.515 [and 201.370]; and

(4) The Territorial Sea Plan [described in section 19, chapter 501, Oregon Laws 1991; and] as reviewed by the council and submitted to the agencies represented on the council.

[(5) State agency coordination requirements of ORS 197.180 as provided in ORS 196.485.]

SECTION 7. ORS 196.435 is amended to read:

196.435. (1) The Department of Land Conservation and Development is designated the primary agency for coordination of ocean resources planning [activities and]. The department is designated the State Coastal Management Agency for purposes of carrying out and responding to the Coastal Zone Management Act of 1972. The department shall assist:

(a) The Governor with the Governor’s duties and opportunities to respond to federal agency programs and activities affecting coastal and ocean resources; and

(b) The Ocean Policy Advisory Council.

(2) The provisions of ORS 196.405 to 196.515 [and 201.370] do not change statutorily and constitutionally mandated responsibilities of other state agencies. [However, state agencies shall amend their programs and rules relevant to ocean resources to be consistent with the Oregon Ocean Resources Management Plan and the Territorial Sea Plan adopted by the Land Conservation and Development Commission under ORS 196.471.]

(3) ORS 196.405 to 196.515 [and 201.370] do not provide the Land Conservation and Development Commission with authority to adopt specific regulation of ocean resources or ocean uses.

SECTION 8. ORS 196.438 is amended to read:

196.438. (1) [There is established in the office of the Governor an Ocean Policy Advisory Council which shall be composed of:] The Governor shall establish an Ocean Policy Advisory Council that is staffed by the State Department of Fish and Wildlife, the Department of Land Conservation and Development and other departments as the Governor deems necessary. The council shall be composed of:

(a) The Governor or the Governor’s designee, as a nonvoting member;

(b) The director or the director’s designee of the following agencies, as nonvoting members:

(A) Department of Environmental Quality;

(B) State Department of Fish and Wildlife;

(D) Department of Land Conservation and Development;

(E) Division of State Lands;

(F) Parks and Recreation Department;

(G) State Department of Agriculture; and

(H) On behalf of the State Board of Higher Education, the director or director’s designee of Oregon State University, Sea Grant College;

(c) A [county commissioner of a county bordering the territorial sea] member of the governing body of Coos, Curry, Douglas or Lane County to be appointed by the Governor, chosen in consultation with and with the approval of a majority of the members of the governing bodies of Coos, Curry, Douglas and Lane Counties;

(d) A member of the governing body of Clatsop, Lincoln or Tillamook County to be appointed by the Governor, chosen in consultation with and with the approval of a majority of the members of the governing bodies of Clatsop, Lincoln and Tillamook Counties;

[(d)] (e) An elected city official from a coastal city bordering the territorial sea to be appointed by the Governor with advice from an Oregon coastal zone management association;

[(e)] (f) A representative of each of the following ocean interests, to be appointed by the Governor, and subject to confirmation by the Senate pursuant to section 4, Article III, Oregon Constitution:

(A) Commercial ocean fisheries of the North Coast from Newport north;

(B) Commercial ocean fisheries of the South Coast south of Newport;

(D) Charter, sport or recreation ocean fisheries of the South Coast south of Newport;

(E) Ports Marine navigation or transportation;

(F) Coastal nonfishing recreation interests of surfing, diving, kayaking or windsurfing;

(G) A coastal conservation or environmental organization;

(H) Oregon Indian tribes appointed after consultation with the Commission on Indian Services; [and]

(I) A coastwide organization representing a majority of small ports and local governments, as a nonvoting member; and

(J) A statewide conservation or environmental organization; and

[(f)] (g) [Three] Two representatives of the public, at least one of whom shall be a resident of a county bordering the territorial sea, to be appointed by the Governor.

(2) The term of office of each member appointed by the Governor is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(3) A majority of the voting members of the council constitutes a quorum for the transaction of business.

(4) The [Governor shall appoint the council chair] voting members of the council shall elect a person from among the membership to chair the council.

SECTION 9. ORS 196.443 is amended to read:

196.443. (1) The purposes of the Ocean Policy Advisory Council are to:

(a) [Prepare a management plan for the territorial sea as described in ORS 196.471.] Periodically review the Territorial Sea Plan and submit recommendations for the plan to state agencies represented on the council. The council shall recommend deletions to the Territorial Sea Plan of all site designations and management prescriptions to the Land Conservation and Development Commission.

(b) Advance the policies of ORS 196.420 to the federal government and any multistate bodies.

[(b)] (c) Provide a forum for discussing ocean resource policy, planning and management issues and, when appropriate, mediating disagreements.

[(c)] (d) Recommend amendments to the Oregon Ocean Resources Management Plan [and Territorial Sea Plan] as needed. If the recommended amendments to the plan incorporate the establishment of a system of limited marine reserves or other protected areas, the council also shall perform an economic analysis of short-term and long-term effects that the establishment of such areas would have on coastal communities. Any recommended amendments related to marine reserves or marine protected areas shall be submitted to the State Fish and Wildlife Commission for review and approval.

[(d)] (e) Offer advice to the Governor, the State Land Board, state agencies and local governments on specific ocean resources management issues.

[(e) Coordinate interagency and intergovernmental review of specific ocean resource projects or actions through project review panels.]

(f) Encourage participation of federal agencies in discussion and resolution of ocean resources planning and management issues affecting Oregon.

[(g) Coordinate development of a computerized ocean resources information system among affected state and federal agencies.]

[(2) The council shall review the Oregon Ocean Resources Management Program and provide a report to the President of the Senate and the Speaker of the House of Representatives by December 1 of each even-numbered year. The report shall evaluate the program and recommend:]

[(a) Any needed program changes;]

[(b) Plans to continue scientific research needed to make decisions; and]

[(c) Any needed legislative changes.]

(2) The Ocean Policy Advisory Council may not, except to the extent of fulfilling its advisory capacity under subsection (1)(e) of this section, establish fishing seasons, harvest allocations, geographic restrictions or other harvest restrictions.

SECTION 10. ORS 196.448 is amended to read:

196.448. (1) A member of the Ocean Policy Advisory Council is entitled to compensation and expenses as provided in ORS 292.495.

(2) The council shall meet at least once every [three] six months at a place, day and hour determined by the council. The council also shall meet at other times and places specified by the call of [one of the cochairs] the chair or of a majority of the members of the council.

[(3) In accordance with applicable provisions of ORS 183.310 to 183.550, the council may adopt rules necessary for the administration of the laws that the council is charged with administering.]

SECTION 11. ORS 196.453 is amended to read:

196.453. (1) The Ocean Policy Advisory Council may establish project review panels to address and coordinate the interests of state, federal and local governments in specific development proposals.

(2) The council may adopt [rules] guidelines to establish criteria to create review panels and determine the scope of the activities of the panel.

(3) A panel shall not have any authority independent of the council. The authority of any panel shall be that granted to it by the council.

[(4) A panel shall take no actions establishing any fishing season, harvest allocation, geographic or other harvest restriction for fisheries conducted under a fisheries management plan authorized under 16 U.S.C. 1801 et seq.]

SECTION 12. ORS 196.455 is amended to read:

196.455. To insure that the Oregon Ocean Resources Management Plan and Territorial Sea Plan are coordinated with federal agency programs for coastal and ocean resources, the Ocean Policy Advisory Council [shall] may invite federal agencies with responsibility for the study and management of ocean resources or regulation of ocean activities to designate a liaison to the council to attend council meetings, respond to council requests for technical and policy information and review draft plan materials prepared by the council.

SECTION 13. ORS 196.465 is amended to read:

196.465. (1) The Oregon Ocean Resources Management Plan and Territorial Sea Plan, when adopted pursuant to ORS 196.471, shall be compatible with acknowledged comprehensive plans of adjacent coastal counties and cities.

(2) To insure that the plan [and the Territorial Sea Plan are] is compatible with the comprehensive plans of adjacent coastal counties and cities, the Ocean Policy Advisory Council shall work with the Department of Land Conservation and Development and any Oregon coastal zone management association to:

(a) Meet and consult with local government officials;

(b) Distribute draft materials and working papers for review and solicit comment on council materials; and

[(d) Develop territorial sea plan policies to reflect, as necessary, coastal local government comprehensive plans;]

[(e) Assist coastal local governments to amend comprehensive plans, as necessary, to meet state ocean resources management objectives; and]

[(f) Establish provisions for mandatory consultation, as necessary, between local governments, the Governor and state agencies on major ocean development activities or actions.]

[(3) Based on consultations between the council and appropriate local governments, the council may recommend to appropriate local governments or the Land Conservation and Development Commission amendments to local comprehensive plans or land use regulations needed to achieve compatibility with the policies of ORS 196.405 to 196.515 and carry out the policies of the Territorial Sea Plan.]

SECTION 14. ORS 196.475 is repealed.

Approved by the Governor September 2, 2003

Filed in the office of Secretary of State September 2, 2003

Effective date January 1, 2004

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