75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular 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 1487
A-Engrossed
House Bill 3013
Ordered by the House May 21
Including House Amendments dated May 21
Sponsored by COMMITTEE ON RULES
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.
{ - Modifies various provisions relating to Ocean Policy
Advisory Council. - }
{ - Makes legislative finding that wave energy provides
renewable, sustainable source of energy. - }
{ - Repeals sunset on prohibition against leases for
exploration, development or production of oil, gas or sulfur in
territorial sea and exemption for academic research or geologic
survey activities. - }
{ - Repeals provisions related to joint liaison program with
National Oceanic and Atmospheric Administration. - }
{ + Directs certain state agencies to implement specified
recommendations of Ocean Policy Advisory Council regarding marine
reserves. Directs State Department of Fish and Wildlife to
develop work plan for implementing recommendations. Specifies
components of work plan. Directs department to report on results
of work plan to appropriate interim legislative committee on or
before November 30, 2010.
Directs Department of State Lands to transfer moneys to State
Department of Fish and Wildlife for biennium beginning July 1,
2009, for purpose of implementing recommendations. Specifies that
designation of marine reserve must include commitment to pursue
long-term funding for marine reserve.
Declares emergency, effective July 1, 2009. + }
A BILL FOR AN ACT
Relating to ocean resources; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The State Department of Fish and Wildlife,
State Fish and Wildlife Commission, State Land Board and relevant
state agencies shall, consistent with existing statutory
authority, implement the November 29, 2008, recommendations from
the Ocean Policy Advisory Council on marine reserves by:
(1) Adopting rules to establish, study, monitor, evaluate and
enforce a pilot marine reserve at Otter Rock and a pilot marine
reserve and a marine protected area at Redfish Rocks;
(2) Studying and evaluating potential marine reserves at Cape
Falcon, Cascade Head and Cape Perpetua; and
(3) Supporting the development of a marine reserve proposal at
Cape Arago-Seven Devils. + }
SECTION 2. { + (1) The State Department of Fish and Wildlife,
in consultation with members from the scientific and technical
advisory committee established under ORS 196.451, other relevant
marine and fishery scientists, relevant state agencies, ocean
users and coastal communities shall implement the activities
described in section 1 of this 2009 Act by developing a work
plan.
(2) The work plan shall contain the following elements
regarding the marine reserves described in section 1 of this 2009
Act:
(a) A biological assessment, including information on habitat
characterization, biological resources, local knowledge and, for
the established pilot marine reserves, monitoring plans.
(b) A socioeconomic assessment, including a description of
human uses, net effects on sport and commercial fisheries and
communities and, for the established pilot marine reserves,
monitoring plans.
(c) Formation of community teams, with diverse and balanced
stakeholder representation that includes local government,
recreational fishing industry, commercial fishing industry,
nonfishing industry, recreationalists, conservation, coastal
watershed councils, relevant marine and avian scientists, to
collaborate and develop recommendations for potential marine
reserves, considering the biological and socioeconomic
information developed under this section. Collaboration may be
facilitated by a neutral outside party hired through a
competitive bidding process.
(d) Provision of information on the process and data gathered
to interested parties and made available to the public.
(e) Development of scientifically based goals specific to each
of the marine reserve sites, incorporating continuity and
cumulative outcomes, benefits and impacts.
(f) Provision of baseline data on Oregon's territorial sea, as
defined in ORS 196.405.
(g) Development of an enforcement plan in consultation with the
Oregon State Police and representatives from affected user
groups.
(h) Use of communities and volunteers to assist in implementing
the work plan where feasible and practical.
(3) The data and recommendations produced from the work plan
and other available nearshore data shall be used by the State
Department of Fish and Wildlife, in consultation with the Ocean
Policy Advisory Council, to recommend the number, size, location
and restriction limits of the potential sites for marine reserve
designation, consistent with Executive Order 08-07. If, through
this process, it is determined that other appropriate sites need
to be considered or that potential sites are not consistent with
Executive Order 08-07, then the data and recommendations produced
shall be provided to the public, the State Department of Fish and
Wildlife and other relevant state agencies for future purposes
relevant to nearshore management. + }
SECTION 3. { + (1) The State Department of Fish and Wildlife
shall report on the results of the work plan to an appropriate
interim legislative committee on or before November 30, 2010,
regarding:
(a) The study and establishment of the pilot marine reserves at
Otter Rock and Redfish Rocks described in section 1 of this 2009
Act;
(b) The study and evaluation of the potential marine reserves
at Cape Falcon, Cascade Head and Cape Perpetua described in
section 1 of this 2009 Act;
(c) The development of a marine reserve proposal at Cape
Arago-Seven Devils described in section 1 of this 2009 Act;
(d) The status of funding necessary to carry out the provisions
of section 1 of this 2009 Act; and
(e) The accomplishment of the goals related to each of the
marine reserves.
(2) The department shall also report on the activities
described in subsection (1) of this section to members of the
Ocean Policy Advisory Council, relevant state agencies and to the
public. + }
SECTION 4. { + The Department of State Lands shall transfer $1
million to the State Department of Fish and Wildlife, for the
biennium beginning July 1, 2009, from other funds that are not
constitutionally dedicated to the Common School Fund, for use by
the State Department of Fish and Wildlife to carry out the
provisions of section 1 of this 2009 Act. + }
SECTION 5. { + (1) The State Department of Fish and Wildlife
may accept only gifts, grants or contributions from any source
for deposit in the State Wildlife Fund established in ORS 496.300
that are consistent with the department's work plan specified in
section 2 of this 2009 Act.
(2) Any designation of marine reserves in Oregon's territorial
sea must include commitments by relevant state agencies to pursue
long-term funding necessary to enforce prohibitions, support
necessary research and monitoring and provide for public
education.
(3) If funding cannot be secured to meet the enforcement and
research-based monitoring needs associated with the goals
specified in section 2 (2)(e) of this 2009 Act, agencies
responsible for managing the marine reserves shall make
recommendations to the State Fish and Wildlife Commission and the
Legislative Assembly and initiate actions to scale down or
suspend fisheries prohibitions in the marine reserves. + }
SECTION 6. { + Designation of marine reserves requires
periodic reporting by the State Department of Fish and Wildlife
in consultation with other relevant state agencies on the
accomplishment of the goals described in section 2 (2)(e) of this
2009 Act. The State Department of Fish and Wildlife and the State
Land Board shall, based on review of the periodic reporting,
initiate appropriate rulemaking adjustments that may include
size, location and restrictions on marine reserves. + }
SECTION 7. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect July 1,
2009. + }
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