74th OREGON LEGISLATIVE ASSEMBLY--2008 Special Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 89
 
                           A-Engrossed
 
                         House Bill 3609
                Ordered by the House February 13
          Including House Amendments dated February 13
 
Sponsored by COMMITTEE ON ELECTIONS, ETHICS AND RULES (at the
  request of House Interim Committee on Emergency Preparedness
  and Ocean Policy)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Defines 'marine reserve' and 'marine protected area.  '
Provides that marine reserves and marine protected areas may be
established only by amendment to Oregon Ocean Resources
Management Plan  { + pursuant to recommendation made by Ocean
Policy Advisory Council + }. Limits number of marine reserves and
marine protected areas provided for by plan to no more than nine.
  Requires that amendments establishing marine reserves or marine
protected areas provide for monitoring  { + and evaluation + }
procedures and be developed utilizing aid of   { - scientific and
technical advisory committee and - }  coastal local governments.
Requires that marine reserves or marine protected areas be small
enough to avoid  { + significant negative + } economic or social
impacts and large enough to provide for scientific analysis of
benefits produced.
    { - Directs that members of scientific and technical advisory
committee be reimbursed for actual and necessary travel
expenses. - }
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to the Oregon Ocean Resources Management Plan; creating
  new provisions; amending ORS 196.405 and 196.443; and declaring
  an emergency.
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) 'Marine protected area' means an area of the Pacific
Ocean off the Oregon coast that has been reserved to provide
protection for part or all of the natural and cultural resources
therein.
 
  (4) 'Marine reserve' means an area of the Pacific Ocean off the
Oregon coast, as identified in an amendment to the Oregon Ocean
Resources Management Plan under section 3 of this 2008 Act, that
provides more comprehensive protections, as described by the
amendment, than a marine protected area. + }
    { - (3) - }   { + (5) + } 'Panel' means a project review
panel established under ORS 196.453.
    { - (4) - }   { + (6) + } 'Plan' means the Oregon Ocean
Resources Management Plan.
    { - (5) - }   { + (7) + } 'Territorial sea' means the waters
and seabed extending three geographical miles seaward from the
coastline in conformance with federal law.
    { - (6) - }   { + (8) + } 'Territorial Sea Plan' means the
plan for Oregon's territorial sea.
  SECTION 2.  { + Section 3 of this 2008 Act is added to and made
a part of ORS 196.405 to 196.515. + }
  SECTION 3. { +  (1) A marine reserve or marine protected area
may be established only by amendment to the Oregon Ocean
Resources Management Plan pursuant to a recommendation for the
amendment made by the Ocean Policy Advisory Council under ORS
196.443 (1)(d). The plan may not provide for more than nine
marine reserves and marine protected areas.
  (2) Amendments that propose to establish a marine reserve or
marine protected area must:
  (a) Provide procedures for monitoring and evaluating the marine
reserve or marine protected area and specify the manner in which
requirements and prohibitions relating to the marine reserve or
marine protected area will be enforced; and
  (b) Be developed using input from coastal local governments and
residents in coastal communities.
  (3) A marine reserve or marine protected area must be:
  (a) Small enough to avoid a significant negative economic or
social impact on coastal communities, including but not limited
to the significant loss of commercial or sport fishing
opportunities; and
  (b) Large enough to provide for scientific analysis of the
ecological benefits the marine reserve or marine protected area
produces. + }
  SECTION 4. ORS 196.443 is amended to read:
  196.443. (1) The purposes of the Ocean Policy Advisory Council
are to:
  (a) 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.
  (c) Provide a forum for discussing ocean resource policy,
planning and management issues and, when appropriate, mediating
disagreements.
  (d) Recommend amendments to the Oregon Ocean Resources
Management Plan as needed. If the recommended amendments to the
plan incorporate the establishment of   { - a system of
limited - }  marine reserves or   { - other - }   { + marine + }
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.
  (e) Offer advice to the Governor, the State Land Board, state
agencies and local governments on specific ocean resources
management issues.
 
 
  (f) Encourage participation of federal agencies in discussion
and resolution of ocean resources planning and management issues
affecting Oregon.
  (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 5.  { + This 2008 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2008 Act takes effect on its
passage. + }
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