(9).

196.565 (9).

����� (2) The total amount of costs paid under this section may not exceed five percent of the total amount of moneys deposited in the fund during the biennium. [2013 c.776 �4; 2014 c.2 �2]

����� Note: See note under 196.565.

����� 196.569 Report. The Oregon Ocean Science Trust shall submit a report to the Legislative Assembly, in the manner provided by ORS 192.245, by March 31 of each even-numbered year, describing the progress of the trust in carrying out its duties specified in ORS 196.566. The report may include relevant issues and trends of significance, including emerging scientific research and public policy. [2013 c.776 �5]

����� Note: See note under 196.565.

����� 196.570 Agreements between Oregon Ocean Science Trust and private organizations; records; use of funds. (1) In order to further the strategic priorities of the Oregon Ocean Science Trust, the executive director of the Oregon Ocean Science Trust may enter into an agreement with a private, nonprofit organization under which the organization shall solicit gifts, grants and donations in support of the work of the trust.

����� (2) At least 30 days before the executive director may enter into an agreement under subsection (1) of this section, the trust shall:

����� (a) Submit a copy of the proposed agreement to the Legislative Assembly in the manner provided by ORS 192.245; and

����� (b) Provide public notice of the proposed agreement on the trust�s website.

����� (3) The executive director may advise, and receive advice from, the organization described in subsection (1) of this section. If allowed by the charter and bylaws of the organization, the executive director may serve as a voting or nonvoting member of the board of directors of the organization, except that the executive director may not:

����� (a) Serve as chairperson of the board of directors of the organization.

����� (b) Vote for, or appoint, other members of the board of directors of the organization.

����� (c) Exercise any control of the financial affairs of the organization.

����� (d) Oversee the daily operations of the organization.

����� (4) Each organization described in subsection (1) of this section shall maintain records regarding the gifts, grants and donations solicited in support of the work of the trust and, at the request of the trust, shall provide the trust with the information contained in the records.

����� (5) Funds received by an organization under this section that are transferred to the trust shall be deposited in the Oregon Ocean Science Fund to be used as provided for in ORS 196.567.

����� (6) The provisions of this section do not affect the authority of any state agency other than the trust to enter into agreements with private organizations under which the organization shall solicit gifts, grants and donations for the benefit of the state agency. [2019 c.94 �1]

����� Note: 196.570 was enacted into law by the Legislative Assembly but was 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.

(Ocean Acidification and Hypoxia)

����� 196.571 Policy. The Legislative Assembly finds and declares that ocean acidification and hypoxia severely endanger the state�s commercially and culturally significant ocean resources. The Legislative Assembly therefore declares it to be the policy of the state to ensure a coordinated, effective response to ocean acidification and hypoxia. To facilitate efforts that are coordinated and effective, it is the state�s policy to support ocean acidification and hypoxia actions and initiatives that are developed through close collaborations between federal, state and local agencies, academic institutions and commercial industries, among others. [2017 c.744 �1]

����� Note: 196.571 to 196.573 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.

����� 196.572 Oregon Coordinating Council on Ocean Acidification and Hypoxia; members; terms; compensation and expenses; rules. (1) The Oregon Coordinating Council on Ocean Acidification and Hypoxia is established, consisting of 13 members as follows:

����� (a) The Governor or the Governor�s designee;

����� (b) The director of an initiative for integrative marine studies at Oregon State University or the director�s designee;

����� (c) The State Fish and Wildlife Director or the director�s designee;

����� (d) The Director of Agriculture or the director�s designee;

����� (e) The Director of the Department of Environmental Quality or the director�s designee;

����� (f) The Director of the Department of Land Conservation and Development or the director�s designee; and

����� (g) Seven members appointed in consultation with the Governor�s office as follows:

����� (A) One member representing the Oregon Ocean Science Trust, appointed by the executive director of the Oregon Ocean Science Trust;

����� (B) One member representing the Sea Grant College of Oregon State University, appointed by the director of the Sea Grant College;

����� (C) One member representing a conservation organization, appointed by the Ocean Policy Advisory Council;

����� (D) One member representing fishing interests, appointed by the State Fish and Wildlife Commission;

����� (E) One member representing the shellfish mariculture industry, appointed by the State Board of Agriculture;

����� (F) One member representing the academic research community with relevant expertise, appointed by the scientific and technical advisory committee to the Ocean Policy Advisory Council; and

����� (G) One member representing the interests of federally recognized Oregon Indian tribes, appointed by the State Fish and Wildlife Commission in consultation with the Commission on Indian Services.

����� (2)(a) The term of office of each member of the coordinating council appointed under subsection (1)(g) of this section is four years, but a member serves at the pleasure of the appointing authority. The terms must be staggered so that no more than two terms end each year.

����� (b) Before the expiration of the term of a member, the appointing authority, in consultation with the Governor, shall appoint a successor to take office upon the date of that expiration. A member is eligible for reappointment. If there is a vacancy for any cause, the appointing authority, in consultation with the Governor, shall make an appointment to become immediately effective for the unexpired term.

����� (3) The State Fish and Wildlife Director or the director�s designee and the director of an initiative for integrative marine studies at Oregon State University or the director�s designee shall serve as cochairpersons of the coordinating council.

����� (4) A majority of the members of the coordinating council constitutes a quorum for the transaction of business.

����� (5) The coordinating council shall meet at times and places specified by the call of the chairpersons or of a majority of the members of the coordinating council.

����� (6) The coordinating council may adopt rules as necessary for the operation of the coordinating council.

����� (7) The members of the coordinating council are not entitled to compensation but are entitled to expenses as provided in ORS 292.495. Claims for expenses incurred in performing functions of the coordinating council shall be paid out of funds appropriated to the State Department of Fish and Wildlife for purposes of the coordinating council.

����� (8) The State Department of Fish and Wildlife shall provide staff support to the coordinating council. [2017 c.744 �2]

����� Note: See note under 196.571.

����� 196.573 Council duties; biennial report. (1) The Oregon Coordinating Council on Ocean Acidification and Hypoxia shall:

����� (a) Review and utilize relevant, scientifically supported information, including the recommendations of the West Coast Ocean Acidification and Hypoxia Science Panel and other available information, reports and studies, to:

����� (A) Identify research and monitoring activities necessary to better understand the changing ocean chemistry and the potential impacts of ocean acidification and hypoxia; and

����� (B) Recommend prioritized state actions to address ocean acidification and hypoxia;

����� (b) Identify actions and initiatives to address Oregon�s vulnerabilities to ocean acidification and hypoxia that may include, but need not be limited to:

����� (A) Developing optimal strategies for mitigating the effects of ocean acidification and hypoxia;

����� (B) Taking steps to strengthen existing scientific monitoring, research and analysis regarding the effects and trends in ocean acidification and hypoxia;

����� (C) Identifying habitats that are particularly vulnerable to corrosive sea water, including areas experiencing multiple stressors such as hypoxia, sedimentation and harmful algae blooms;

����� (D) Identifying the socioeconomic and ecosystem impacts of intensifying ocean acidification;

����� (E) Taking steps to increase public awareness of the science and impacts of ocean acidification and hypoxia;

����� (F) Developing a long-term ocean acidification and hypoxia coordination strategy among state agencies, academia, the federal government and industry; or

����� (G) Leveraging opportunities for research partnerships with academia, tribes and the commercial fishing industry, in order to advance the understanding of ocean acidification and hypoxia in Oregon; and

����� (c) Advise and assist the State Department of Fish and Wildlife and all other represented public agencies in coordinating and carrying out, as directed by the agencies� governing bodies, the actions and initiatives identified under paragraph (b) of this subsection.

����� (2) The coordinating council may develop a Socioeconomic Vulnerability to Ocean Acidification Report. A report developed under this subsection may include, but need not be limited to, information identifying:

����� (a) Coastal communities in this state that may be impacted by ocean acidification;

����� (b) The impacts of ocean acidification and hypoxia on the communities identified under paragraph (a) of this subsection; or

����� (c) The gaps in understanding that exist regarding the impacts of ocean acidification and hypoxia on economically or commercially important species, particularly species that support commercial, recreational and tribal fisheries and shellfish aquaculture in this state.

����� (3) The coordinating council may develop recommendations for the Oregon Ocean Science Trust, state agencies, academia or other organizations on high-priority, strategic research that may be done to address gaps that exist in the understanding of ocean acidification and hypoxia. Strategic research recommendations developed by the coordinating council may include, but need not be limited to, research related to:

����� (a) The impacts of ocean acidification and hypoxia on marine organisms and the marine ecosystem;

����� (b) The economic impacts of ocean acidification and hypoxia on communities in this state; or

����� (c) Developing adaptation and mitigation strategies for conserving and enhancing the resilience of marine organisms and ecosystems for future use and enjoyment by Oregonians and visitors to this state.

����� (4) The coordinating council shall submit a biennial report to the Legislative Assembly and to the Ocean Policy Advisory Council by September 15 of each even-numbered year on the coordinating council�s activities and recommendations.

����� (5) All agencies of state government, as defined in ORS 174.111, are requested to assist the coordinating council in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the coordinating council consider necessary to perform their duties. [2017 c.744 �3]

����� Note: See note under 196.571.

(Miscellaneous)

����� 196.575 Authorization to obtain federal oceanographic data; joint liaison program; use of data. (1) The Department of Land Conservation and Development is authorized to participate on behalf of the State of Oregon with the States of Washington, California, Alaska and Hawaii in a joint liaison program with the Center for Ocean Analysis and Prediction of the National Oceanic and Atmospheric Administration.

����� (2) The objective of the program is to assist the states in taking maximum advantage of the oceanographic data, products and services available from the federal government through the Center for Ocean Analysis and Prediction.

����� (3) The Department of Land Conservation and Development shall integrate data obtained through the liaison program for use by other state agencies and maximize the use of the State Service Center for Geographic Information Systems. [1991 c.524 ��1,3]

����� Note: 196.575 and 196.580 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 196 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 196.580 Liaison program duties. (1) The liaison program shall:

����� (a) Assist state and local governments to become fully aware of oceanographic data and products available from the federal government and in particular from the Center for Ocean Analysis and Prediction.

����� (b) Assist the Center for Ocean Analysis and Prediction and the National Oceanic and Atmospheric Administration to become more fully aware of state and local problems and the requirements of state and local governments.

����� (c) Assist in setting up lines of communication to move oceanographic data and products from the Center for Ocean Analysis and Prediction to the people in the states who need those data and products.

����� (2) The liaison program also shall include workshops for small groups of technical experts from state and local governments, academic institutions and the private sector. The workshops shall be held at the Center for Ocean Analysis and Prediction in Monterey, California, and at other facilities in the western states as appropriate. [1991 c.524 �2]

����� Note: See note under 196.575.

����� 196.583 Requirement to share geological data regarding territorial sea floor. Any person authorized by a public body, as defined in ORS 174.109, to develop energy resources in Oregon�s territorial sea, shall share any geological and geophysical data, including bathymetry, backscatter, seismic reflection and sample data, generated by the person regarding Oregon�s territorial sea floor with the Oregon territorial sea mapping project at Oregon State University. [2013 c.208 �1]

����� Note: 196.583 was enacted into law by the Legislative Assembly but was 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.

MITIGATION

����� 196.600 Definitions for ORS 196.600 to 196.655. As used in ORS 196.600 to 196.655:

����� (1) �Compensatory mitigation� means activities conducted by a permittee or third party to create, restore, enhance or preserve the functions and values of the water resources of this state to compensate for the removal-fill related adverse effects of project development to waters of this state or to resolve violations of ORS