Title 196 · ORS Chapter 196
by developing and amending a work plan and adaptive management plan
Citation: ORS 196.540
Section: 196.540
196.540 by developing and amending a work plan and adaptive management plan consistent with ORS 196.540.
����� (2) The work plan shall contain the following elements regarding the marine reserves described in ORS 196.540:
����� (a) A biological assessment, including information on habitat characterization, biological resources, local knowledge and, for the established 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 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 as needed for potential changes to 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) Development of an enforcement plan in consultation with the Oregon State Police and representatives from affected user groups.
����� (g) Use of communities and volunteers to assist in implementing the work plan where feasible and practical.
����� (h) Continued engagement of communities, including commercial and recreational fishing fleets, in order to ensure that marine reserve science is useful to communities and that the department incorporates community and fishermen knowledge into ongoing research and monitoring efforts. [2009 c.847 �2; 2024 c.38 �2]
����� Note: See note under 196.540.
����� 196.550 Funding. (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 ORS 196.545.
����� (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 ORS 196.545 (2)(e), 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. [2009 c.847 �5]
����� Note: See note under 196.540.
����� 196.555 Reporting; rules. 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 ORS 196.545 (2)(e). 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. [2009 c.847 �6]
����� Note: See note under 196.540.
(Oregon Ocean Science Trust)
����� 196.565 Oregon Ocean Science Trust; members; terms; compensation and expenses; rules. (1) The Oregon Ocean Science Trust is established, consisting of seven members appointed as follows:
����� (a) The President of the Senate shall appoint one member from among members of the Senate.
����� (b) The Speaker of the House of Representatives shall appoint one member from among members of the House of Representatives.
����� (c) The State Land Board shall appoint five members who:
����� (A) Are residents of this state who demonstrate a commitment and interest in the stewardship of Oregon�s ocean and coastal resources; and
����� (B) Have not less than five years� experience in competitive granting, marine science, foundations or fiscal assurance.
����� (2) The term of office of each voting member appointed under subsection (1)(c) of this section is four years, but a member serves at the pleasure of the board. Before the expiration of the term of a member, the board shall appoint a successor whose term begins on January 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the board shall make an appointment to become immediately effective for the unexpired term.
����� (3) A majority of the voting members of the trust constitutes a quorum for the transaction of business.
����� (4) The trust shall select one of its voting members to be the executive director of the trust, for such terms and with the duties and powers that the trust determines are necessary for the performance of the office.
����� (5) The trust shall meet at least twice each year at a place, day and hour determined by the trust. The trust may also meet at other times and places specified by the call of the executive director or of a majority of the voting members of the trust.
����� (6) The trust may adopt any rules necessary to carry out the duties of the trust.
����� (7) Members of the trust who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. Claims for expenses incurred in performing functions of the trust shall be paid out of funds appropriated to the Department of State Lands for purposes of administering the trust.
����� (8) Members of the Legislative Assembly appointed to the trust are nonvoting members of the trust and may act in an advisory capacity only.
����� (9) The Department of State Lands shall provide a facility and administrative support for the meetings of the trust as requested. Other agencies shall provide support as requested by the trust in order to provide the trust with assistance on the priority marine science needs of the state. [2013 c.776 �1; 2014 c.2 �1]
����� Note: 196.565 to 196.569 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 196 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
����� 196.566 Trust duties. The Oregon Ocean Science Trust shall:
����� (1) Promote peer-reviewed, competitive research and monitoring that leads to increased knowledge and understanding of Oregon�s ocean and coastal resources;
����� (2) Promote innovative, collaborative, community-oriented, multi-institutional approaches to research and monitoring related to Oregon�s ocean and coastal resources;
����� (3) Enhance this state�s capacity for peer-reviewed scientific ocean and coastal research; and
����� (4) Subject to available funding, establish and execute a competitive grant program to conduct research and monitoring related to Oregon�s ocean and coastal resources. [2013 c.776 �2]
����� Note: See note under 196.565.
����� 196.567 Oregon Ocean Science Fund; sources; uses. (1) The Oregon Ocean Science Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Ocean Science Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Ocean Science Trust for the purpose of carrying out the provisions of ORS 196.565, 196.566, 196.568 and 196.569.
����� (2) The trust may accept grants, donations, contributions or gifts from any source for deposit in the fund.
����� (3) The fund shall consist of:
����� (a) Moneys accepted by the trust pursuant to subsection (2) of this section;
����� (b) Moneys appropriated by the Legislative Assembly;
����� (c) Interest earned on moneys in the fund;
����� (d) Any moneys described in subsection (4) of this section; and
����� (e) Other moneys deposited in the fund from any source.
����� (4) Subject to and consistent with federal law, any moneys received by the State of Oregon from the federal government that constitute the state�s distributive share of the amounts collected under the Outer Continental Shelf Lands Act, 43 U.S.C. 1331 et seq., shall be deposited in the fund.
����� (5) Of the moneys in the fund that are derived from the state�s distributive share of the amounts collected under the Outer Continental Shelf Lands Act, 43 U.S.C. 1331 et seq., the coastal county adjacent to the lands containing tracts for which the moneys are received by the state shall receive 30 percent of the distributive share received by the state for those lands. Where the lands containing tracts for which moneys are received are located adjacent to more than one county of this state, each county adjacent to the lands shall receive a portion of the 30 percent allocation that is proportionate to the area of the lands that are adjacent to the county. [2013 c.776 �3; 2019 c.94 �2]
����� Note: See note under 196.565.
����� 196.568 Reimbursement from fund. (1) Moneys deposited in the Oregon Ocean Science Fund may be used to reimburse:
����� (a) The State Treasurer for the costs of administering the fund as provided in ORS 196.567.
����� (b) The Department of State Lands for the costs of administering the Oregon Ocean Science Trust as provided in ORS 196.565 (7) and (9).
����� (c) Other agencies for the costs of providing support to the trust as requested under ORS