Title 196 · ORS Chapter 196

to 294.895, the executive director is a local government official.

Citation: ORS 294.805

Section: 294.805

294.805 to 294.895, the executive director is a local government official.

�� (6) The authority may retain private legal counsel or, notwithstanding ORS 180.060, may contract for representation by the Attorney General. If the authority contracts for representation by the Attorney General, the Attorney General shall charge the authority for services at the rate charged to state agencies for similar services. [2021 c.229 �5]

�� Note: See note under 196.200.

�� 196.220 Powers and duties of authority. (1) Except as may otherwise be provided by law, the Willamette Falls Locks Authority may, within or outside the state:

�� (a) Adopt, alter, amend or repeal policies, procedures or bylaws for the organization, administration, development and management of the authority.

�� (b) Enter into contracts and agreements involving property, goods or services with any public or private entity as the authority deems reasonable to carry out the mission and purposes of the authority or to execute any duties, functions or powers of the authority, including but not limited to:

�� (A) Contracts and agreements related to the operation of the Willamette Falls Locks project and associated properties and facilities;

�� (B) The carrying out of the business operations of the authority;

�� (C) The construction, repair, maintenance, seismic stabilization, rehabilitation, upgrade or insurance of authority properties and facilities; and

�� (D) The coordination of activities as needed with the owner of the dam and power plant licensed by the Federal Energy Regulatory Commission.

�� (c) Establish advisory or technical committees and otherwise consult, cooperate or coordinate with any public or private entity as the authority deems necessary or expedient to broaden opportunities for public input on or to carry out the mission and purposes or duties of the authority.

�� (d) Acquire, purchase, receive, hold, control, convey, sell, manage, operate, lease, license, lend, invest, improve, develop, use, dispose of and hold title in the name of the authority to property constituting the Willamette Falls Locks project and associated lands, buildings, easements and museum facilities, and any other real or personal property of any nature.

�� (e) Obtain any permits, approvals or permissions needed in connection with the activities of the authority.

�� (f) Exercise the power of eminent domain under ORS chapter 35 to acquire any right or interest in real property as necessary or expedient to ensure the repair, upgrade, operation, maintenance or access to the Willamette Falls Locks project and any associated properties and facilities.

�� (g) Sue and be sued in its own name.

�� (h) Encourage and accept grants, gifts and donations for the benefit of the authority, and subject to the terms of the gift, retain, invest and use such gifts as deemed appropriate by the authority.

�� (i) Acquire, receive, hold, keep, pledge, control, convey, manage, use, lend, expend and invest funds, appropriations, grants, gifts, bequests, stock and revenue from any source.

�� (j) Borrow money for the needs of the authority, in such amounts and for such time and upon such terms as may be determined by the authority.

�� (k) Purchase any and all insurance, operate a self-insurance program or otherwise arrange for the equivalent of insurance coverage of any nature and for the indemnity and defense of the members of the authority or any officers, agents, employees or other persons designated by the authority to carry out or to further the mission and purposes of the authority.

�� (L) Establish charges and fees, including but not limited to charges and fees for services by the authority and for the use, lease or rental of authority properties and facilities.

�� (m) Contract for law enforcement or security services for authority properties and facilities.

�� (n) Establish and exercise broad operational authority over the Willamette Falls Locks project and associated properties and facilities, including but not limited to establishing days and times of service and a certification program to enable self-operation of the navigation canal and locks by certified users.

�� (o) Establish an operations training program that provides education for all operators of the locks, including but not limited to employees and volunteers of the authority, contractors or commercial operators, to operate the locks in conformance with all safety and operational requirements.

�� (p) Perform any other acts that in the judgment of the authority are necessary or expedient in accomplishing the public mission and purposes described in ORS 196.205 or carrying out the powers granted by ORS 196.200 to 196.240 and 196.993.

�� (2) The Willamette Falls Locks Authority shall at all times cooperate with owners of real property that adjoins the locks, particularly the owner of the dam and power plant licensed by the Federal Energy Regulatory Commission. The authority shall make all reasonable efforts to operate the locks in a manner that does not unreasonably interfere with, impair or disturb the owners� rights to the full use and enjoyment of the owners� real property that adjoins the locks. [2021 c.229 �6]

�� Note: See note under 196.200.

�� 196.225 Creation of tax-exempt entity by authority. (1) Pursuant to ORS 196.220, the Willamette Falls Locks Authority may create and maintain an entity that is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, as amended, for the purpose of advancing the mission of the authority.

�� (2) Any entity created by the authority under subsection (1) of this section shall be considered:

�� (a) A unit of local government for purposes of ORS 190.003 to 190.130;

�� (b) A public body for purposes of ORS 30.260 to 30.300 and 307.112;

�� (c) A contracting agency for purposes of ORS 200.090; and

�� (d) A public corporation for purposes of ORS 307.090. [2021 c.229 �7]

�� Note: See note under 196.200.

�� 196.230 Revenue bonds issued by authority. (1) The Willamette Falls Locks Authority may from time to time issue and sell revenue bonds in accordance with ORS chapter 287A, except that ORS 287A.150 (2) to (6) do not apply to revenue bonds issued by the authority. Revenue bonds issued by the authority are not to any extent a general obligation of the authority nor a charge upon any revenues or property of the authority not specifically pledged as security for the revenue bonds. An obligation described in this section is not an indebtedness of the State of Oregon.

�� (2) Revenue bonds issued by the authority pursuant to ORS chapter 287A shall be considered to be bonds of a political subdivision of the State of Oregon for the purposes of all laws of the state.

�� (3) The authority may, pursuant to ORS 287A.360 to 287A.380, issue refunding bonds of the same character and tenor as the revenue bonds replaced by the refunding bonds. [2021 c.229 �8]

�� Note: See note under 196.200.

�� 196.235 Financing agreements. (1) As used in this section:

�� (a) �Credit enhancement agreement� means any agreement or contractual relationship between the Willamette Falls Locks Authority and any bank, trust company, insurance company, surety bonding company, pension fund or other financial institution providing additional credit on or security for a financing agreement or certificates of participation.

�� (b) �Financing agreement� means a lease-purchase agreement, an installment sale agreement, a loan agreement, note agreement, short-term promissory notes, commercial papers, lines of credit or similar obligations or any other agreement to finance real or personal property that is or will be owned and operated by the authority, or to refinance previously executed financing agreements.

�� (c) �Personal property� means tangible personal property, software and fixtures.

�� (d) �Property rights� means, with respect to personal property, the rights of a secured party under ORS chapter 79A and, with respect to real property, the rights of a trustee or lender.

�� (e) �Software� means software and training and maintenance contracts related to the operation of computing equipment.

�� (2) The Willamette Falls Locks Authority may enter into financing agreements in accordance with this section, upon such terms as the authority determines to be necessary or desirable. Amounts payable by the authority under a financing agreement are limited to funds specifically pledged, budgeted for or otherwise made available by the authority. If there are insufficient available funds to pay amounts due under a financing agreement, the lender may exercise any property rights that the authority has granted to the lender in the financing agreement against the property that was purchased with the proceeds of the financing agreement, and may apply the amounts so received toward payments scheduled to be made by the authority under the financing agreement.

�� (3) The authority may:

�� (a) Enter into agreements with third parties to hold financing agreement proceeds, payments and reserves as security for lenders, and to issue certificates of participation in the right to receive payments due from the authority under a financing agreement. Amounts held pursuant to this paragraph shall be invested at the direction of the authority. Interest earned on any investments held as security for a financing agreement may, at the option of the authority, be credited to the accounts held by the third party and applied in payment of sums due under a financing agreement.

�� (b) Enter into credit enhancement agreements for financing agreements or certificates of participation, provided that the credit enhancement agreements must be payable solely from funds specifically pledged, budgeted for or otherwise made available by the authority and amounts received from the exercise of property rights granted under the financing agreements.

�� (c) Use financing agreements to finance the costs of acquiring or refinancing real or personal property, plus the costs of reserves, credit enhancements and costs associated with obtaining the financing.

�� (d) Grant leases of real property with a trustee or lender.

�� (e) Grant security interests in personal property to trustees or lenders.

�� (f) Make pledges for the benefit of trustees and lenders.

�� (g) Purchase fire, liability, flood and extended insurance coverage or other casualty insurance for property that is acquired, transferred or refinanced with proceeds of a financing agreement, assign the proceeds thereof to a lender or trustee to the extent of their interest, and covenant to maintain the insurance while the financing agreement is unpaid, so long as available funds are sufficient to purchase such insurance.

�� (4) A lease or financing agreement under this section does not cause otherwise exempt property to be subject to property taxation. A lease or financing agreement is disregarded in determining whether property is exempt from taxation under ORS chapter 307. [2021 c.229 �9]

�� Note: See note under 196.200.

�� 196.240 Audits; report to Legislative Assembly. (1) The Willamette Falls Locks Authority shall submit to periodic audits by the Secretary of State. The authority shall, no less than annually, retain a public accounting firm to examine and attest to the financial operations of the authority. The authority shall include the results of any public accounting in the annual report submitted to the Legislative Assembly under subsection (2) of this section.

�� (2) The authority shall, not later than April 15 of each year, file an annual report with the Governor and a committee or interim committee of the Legislative Assembly related to economic development. The report shall describe the activities and operations of the authority during the preceding calendar year. [2021 c.229 �10]

�� Note: See note under 196.200.

OREGON OCEAN RESOURCES MANAGEMENT

(Generally)

�� 196.405 Definitions for ORS 196.405 to 196.515. 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) �Panel� means a project review panel established under ORS 196.453.

�� (4) �Plan� means the Oregon Ocean Resources Management Plan.

�� (5) �Territorial sea� means the waters and seabed extending three geographical miles seaward from the coastline in conformance with federal law.

�� (6) �Territorial Sea Plan� means the plan for Oregon�s territorial sea. [1987 c.576 �6; 1991 c.501 �2; 2003 c.744 �1]

�� 196.407 Policy. 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) Cooperate and coordinate with adjacent states to develop a regional approach to obtaining fisheries information. [1989 c.895 �2; 2003 c.744 �2]

�� 196.408 Duties of state agencies. (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 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) The State Department of Fish and Wildlife may coordinate with fishery managers in adjacent states to develop a uniform fish catch and monitoring system. [1989 c.895 �3; 2003 c.744 �3]

�� 196.410 Legislative findings for offshore oil and gas leasing. The Legislative Assembly finds:

�� (1) Oregon�s territorial sea encompasses all the rocks and islands of the Oregon National Wildlife Refuge, borders all beaches, headlands and rocky intertidal areas and includes areas heavily used for commercial and recreational fishing. Navigation lanes for barges and vessels pass through the area.

�� (2) Oregon�s territorial sea is rich in marine life. Its renewable resources support significant portions of the coastal economy. It is a dynamic, hazardous marine environment within which oil spills cannot be contained.

�� (3) Oregon�s nearshore zone is extremely high in biological productivity, reflected by the variety and value of commercial and sport ocean fisheries catch. The Oregon coast provides a significant habitat for migrating seabirds and mammals. Oregon is unwilling to risk damaging sensitive marine environments or to sacrifice environmental quality to develop offshore oil and gas resources. [1989 c.895 �4]

�� 196.415 Legislative findings for ocean resources management. 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) 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.

�� (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.

�� (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.

�� (6) It is important that the State of Oregon develop and maintain a program of ocean resources management to promote management of living and nonliving marine resources within state jurisdiction, 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.

�� (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. [1987 c.576 �3; 1991 c.501 �3; 2003 c.744 �4]

�� 196.420 Policy. 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) 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;

�� (4) Encourage research, study and understanding of ocean processes, marine life and other ocean resources;

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

�� (6) Ensure that the Ocean Policy Advisory Council will work closely with coastal local governments to incorporate in its activities coastal local government and resident concerns, coastal economic sustainability and expertise of coastal residents. [1987 c.576 �4; 1991 c.501 �4; 2003 c.744 �5]

�� 196.425 Oregon Ocean Resources Management Program. To ensure the conservation and development of ocean resources affecting Oregon consistent with the purposes of ORS 196.405 to 196.515, a 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 that apply to coastal and ocean resources, those elements of 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 or its successor;

�� (3) Those portions of the Oregon Ocean Resources Management Plan that are consistent with ORS 196.405 to 196.515; and

�� (4) The Territorial Sea Plan as reviewed by the council and submitted to the agencies represented on the council. [1987 c.576 �5; 1991 c.501 �5; 2003 c.744 �6]

�� 196.435 Primary agency for certain federal purposes; restrictions. (1) The Department of Land Conservation and Development is designated the primary agency for coordination of ocean resources planning. 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 do not change statutorily and constitutionally mandated responsibilities of other state agencies.

�� (3) ORS 196.405 to 196.515 do not provide the Land Conservation and Development Commission with authority to adopt specific regulation of ocean resources or ocean uses. [1987 c.576 �7; 1989 c.325 �1; 1991 c.501 �21; 2003 c.744 �7]

�� 196.438 Ocean Policy Advisory Council; members; term of office; quorum. (1) 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;

�� (C) State Department of Geology and Mineral Industries;

�� (D) Department of Land Conservation and Development;

�� (E) Department of State Lands;

�� (F) Parks and Recreation Department;

�� (G) State Department of Agriculture; and

�� (H) The director or director�s designee of Oregon State University, Sea Grant College;

�� (c) A 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;

�� (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;

�� (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;

�� (C) Charter, sport or recreation ocean fisheries of the North Coast from Newport north;

�� (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;

�� (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

�� (g) 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 voting members of the council shall elect a person from among the membership to chair the council. [1991 c.501 �6; 2003 c.744 �8; 2015 c.767 �59]

�� 196.443 Duties of council. (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 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. [1991 c.501 �8; 2003 c.744 �9]

�� 196.445 [1987 c.576 �8; 1989 c.154 �1; 1989 c.904 �52; repealed by 1991 c.501 �18]

�� 196.448 Member compensation; meetings. (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 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 the chair or of a majority of the members of the council. [1991 c.501 ��9,10,11; 2003 c.744 �10]

�� 196.450 [1987 c.576 �9; repealed by 1991 c.501 �18]

�� 196.451 Technical advisory committee; duties; members; vacancies; advisory committees; rules. (1) The Ocean Policy Advisory Council shall establish a permanent scientific and technical advisory committee chaired by the director of the Sea Grant College program or other similarly qualified member of the council. The committee shall:

�� (a) Make recommendations to the council relating to the performance of the council�s functions; and

�� (b) Make recommendations, subject to the availability of funds and time, to state agencies on matters related to this state�s ocean or nearshore resources.

�� (2) The committee shall consist of:

�� (a) Members appointed by the council who are serving on May 16, 2013.

�� (b) Such other persons nominated by the committee and appointed by the council according to the procedures described in subsections (3) and (4) of this section.

�� (3) If there is a vacancy on the committee or if the committee determines that a new scientific or technical discipline must be represented on the committee in order for the committee to perform its research duties, the committee shall do all of the following:

�� (a) Solicit the names of candidates for committee membership from the public.

�� (b) Evaluate the expertise of the candidates. To be eligible to serve on the committee a candidate must possess a scientific and technical background in a discipline relevant to the duties specified in ORS 196.443 that is sufficient for the individual to fulfill the duties of a member of the committee as specified in subsection (1) of this section and to advise regarding marine reserves as provided for in ORS 196.545.

�� (c) Evaluate the candidate�s availability to serve on the committee and any potential or actual conflict of interest.

�� (d) Nominate one or more candidates for committee membership who fulfill the requirements of this subsection.

�� (e) Submit a list of nominees to the council for consideration.

�� (4) Upon receipt of a list of nominees prepared by the committee under subsection (3) of this section, the council may appoint one or more new committee members selected from the list of nominees. If the council does not select one or more new committee members from the list of nominees, the committee shall prepare a new list in the same manner provided for in subsection (3) of this section until such time as the council appoints one or more new members to the committee.

�� (5) The council shall adopt rules for the administration of subsection (4) of this section.

�� (6) The council may establish advisory committees in addition to the committee provided for in subsections (1) to (5) of this section. Members of any advisory committee established under this section are not entitled to compensation, but in the discretion of the council may be reimbursed from funds available to council for actual and necessary travel and other expenses incurred by them in the performance of their official duties, subject to ORS 292.495. [1991 c.501 �12; 2013 c.182 �1]

�� 196.453 Project review panels; guidelines. (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 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. [1991 c.501 �16; 2003 c.744 �11]

�� 196.455 Coordination with federal programs. 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 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. [1987 c.576 �10; 1991 c.501 �13; 2003 c.744 �12]

�� 196.465 Compatibility of acknowledged comprehensive plans. (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 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

�� (c) Provide technical and policy information to local governments about ocean resource issues. [1987 c.576 �11; 1991 c.501 �14; 2003 c.744 �13]

�� 196.470 [1987 c.576 �12; repealed by 1991 c.501 �18]

�� 196.471 Territorial Sea Plan review requirements. (1) The Land Conservation and Development Commission shall review the Territorial Sea Plan and any subsequent amendments recommended by the Ocean Policy Advisory Council to either the Territorial Sea Plan or the Oregon Ocean Resources Management Plan and make findings that the plan or amendments recommended by the council:

�� (a) Carry out the policies of ORS 196.405 to 196.515; and

�� (b) Are consistent with applicable statewide planning goals, with emphasis on the four coastal goals.

�� (2) After making the findings required by subsection (1) of this section, the commission shall adopt the Territorial Sea Plan or proposed amendments as part of the Oregon Coastal Management Program.

�� (3)(a) If the commission does not make the findings required by subsection (1) of this section, the commission shall return the plan or amendments to the council for revision. The commission may specify any needed revisions.

�� (b) If the council makes subsequent recommendations for amendments, the council must:

�� (A) Include the commission�s specified revisions in the recommendations; and

�� (B) Make the subsequent recommendations for amendments within 155 days after the date that the commission returns the plan or amendments to the council for revision. The commission and the council may mutually agree to extend the time that the council is allowed under this subparagraph for submitting subsequent recommendations to the commission.

�� (c) If the council does not make the subsequent recommendations for amendments within the time provided for in paragraph (b)(B) of this subsection, the commission may adopt the Territorial Sea Plan amendments recommended by the council under subsection (1) of this section, including any needed revisions specified by the commission.

�� (4) Upon adoption of the Territorial Sea Plan or subsequent amendments the commission may, after consultation with affected state agencies, identify amendments to agency ocean or coastal resource management programs necessary to conform to the provisions of the adopted plan. [1991 c.501 �20; 1993 c.18 �35; 2013 c.416 �1]

�� 196.475 [1987 c.576 �13; 1991 c.501 �15; repealed by 2003 c.744 �14]

�� 196.485 State agency coordination requirements; incorporation of plans. (1) If a state agency incorporates the Oregon Ocean Resources Management Plan and Territorial Sea Plan by reference in its coordination program and, upon a finding by the Land Conservation and Development Commission that the agency has amended its rules, procedures and standards to conform with the objectives and requirements of the plan and Territorial Sea Plan, the state agency shall satisfy the requirements of state agency planning and coordination required by ORS 197.180 for ocean planning.

�� (2) If a state agency does not incorporate the plan or Territorial Sea Plan in its coordination program, the agency shall be subject to the state agency coordination requirements of ORS chapters 195, 196, 197 and 197A for state agency programs, procedures and standards that in any way affect ocean resources.

�� (3) State agency programs or rules for management of ocean resources or ocean uses shall be consistent with the Oregon Ocean Resources Management Plan and the Territorial Sea Plan. [1987 c.576 �17; 1991 c.501 �17]

�� 196.490 [1987 c.576 �18; repealed by 1991 c.501 �18]

�� 196.495 [1987 c.576 �19; repealed by 1991 c.501 �18]

�� 196.500 [1987 c.576 �20; repealed by 1991 c.501 �18]

�� 196.505 [1987 c.576 �21; repealed by 1991 c.501 �18]

�� 196.515 Short title. ORS 196.405 to 196.515 shall be known as the Oregon Ocean Resources Management Act. [1987 c.576 �2; 2025 c.2 �8]

(Marine Reserves)

�� 196.540 Marine reserves; adaptive management plan; rules. 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:

�� (1) The November 29, 2008, recommendations from the Ocean Policy Advisory Council on marine reserves by 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) The January 25, 2011, recommendations, limited to those related to boundaries and allowances, from the State Department of Fish and Wildlife on marine reserves by adopting rules to establish, study, monitor, evaluate and enforce:

�� (a) A marine reserve and two marine protected areas at Cape Falcon;

�� (b) A marine reserve and three marine protected areas at Cascade Head; and

�� (c) A marine reserve, two marine protected areas and a seabird protection area at Cape Perpetua.

�� (3) The October 25, 2022, recommendations from the Ocean Policy Advisory Council to develop for the marine reserves:

�� (a) An adaptive management plan that includes the development and implementation of:

�� (A) Specific, measurable, achievable, relevant and time-oriented objectives for ecological and socioeconomic monitoring and research;

�� (B) Consistent measurable indicators of social impacts;

�� (C) Efficient long-term ecological sampling protocols that remain consistent and responsive to adaptive management;

�� (D) Assessment of the capacity for the marine reserves to enhance ecological resilience to environmental disturbances, including data collection and evaluation over long periods of time and on how the reserves operate as a network; and

�� (E) Defined goals for outreach and engagement, including engagement with federally recognized Indian tribes, and assessments to evaluate the effectiveness in achieving these goals.

�� (b) A collaborative process through which social monitoring data on the reserves can be interpreted to affect policy decisions. The process should include steps for decision-making and conflict management. [2009 c.847 �1; 2012 c.27 �2; 2024 c.38 �1]

�� Note: 196.540 to 196.555 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.

�� 196.542 Use of local resources by State Department of Fish and Wildlife. In implementing the activities described in ORS 196.540 pursuant to ORS 196.545, the State Department of Fish and Wildlife shall use local resources where feasible and practical. [2012 c.27 �3; 2024 c.38 �3]

�� Note: See note under 196.540.

�� 196.545 Work plan. (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 ORS