2015 ORS 622.015¹
Shellfish policy

(1) The Legislative Assembly finds and declares that it is the policy of the State of Oregon to seek opportunities to:

(a) Enhance and expand cultivated shellfish production;

(b) Conserve, protect and restore wild populations of native shellfish; and

(c) Improve water quality and the health of aquatic and marine habitats.

(2) In furtherance of the policy declared by this section, it is the intent of the Legislative Assembly that the state develop and adopt a shellfish initiative to prioritize and implement strategies for achieving protection of native shellfish and the enhancement of shellfish production. [2015 c.814 §1]

Note: 622.015 (Shellfish policy) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 622 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Note: Sections 5 and 6, chapter 814, Oregon Laws 2015, provide:

Sec. 5. (1) The Oregon Shellfish Task Force is established, consisting of 11 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 Governor shall appoint nine members as follows:

(A) The Director of Agriculture or the director’s designee;

(B) The State Fish and Wildlife Director or the director’s designee;

(C) Two members representing commercial shellfish growers;

(D) One member representing port districts;

(E) One member representing those programs at Oregon State University that engage in research and other efforts related to shellfish;

(F) One member representing the interests of recreational shellfish harvesters;

(G) One member representing the interests of Oregon Indian tribes; and

(H) One member representing a conservation organization with demonstrated expertise in the conservation of estuarine habitats and restoration of native shellfish.

(2) The task force shall develop and produce a draft Oregon Shellfish Initiative that sets forth priorities and implementation strategies for addressing shellfish production in this state. The draft initiative shall include but not be limited to the following:

(a) A recognition of, and strategy for supporting and encouraging, facilitated by extension activities, the collaboration between the commercial and recreational shellfish industries, state and federal agencies and academia that is necessary to fully address issues related to shellfish production in this state.

(b) Recommendations regarding which state agency is best suited to serve as the lead agency for addressing and regulating shellfish production in this state, and legislative or agency action that may be required to transfer necessary duties to the recommended lead agency.

(c) Recommendations for priorities for research and research funding related to:

(A) Identifying opportunities to enhance shellfish production in this state, by conducting site suitability research and prioritizing pilot projects, that will initially focus on enhancing existing certified areas and that have a basis in enhancing resource protection and restoration, mariculture production potential and economic potential.

(B) Developing best management practices through cooperative efforts between the commercial and recreational shellfish industries, state and federal agencies and academia to identify planning actions and mariculture techniques that are consistent with the conservation of wild shellfish stocks and shellfish habitats.

(C) The impacts of ocean acidification on wild shellfish stocks and cultivated shellfish and the relevance of ocean acidification to this state’s ability to successfully implement the priorities and strategies contained in the shellfish initiative.

(D) The socioeconomic and social vulnerability impacts of shellfish production in this state, including the economic costs and benefits of shellfish mariculture and recreational shellfish harvesting to coastal communities.

(E) Improving water quality and monitoring related to mariculture certification, and improving the monitoring of bays and estuaries for biotoxins, harmful algae blooms and fecal indicator bacteria.

(F) Assessing wild shellfish stocks, enhancing recreational harvest opportunities and restoring native shellfish populations, with a particular focus on opportunities to enhance and recover degraded shellfish populations, including but not limited to Olympia oysters.

(G) Other issues related to shellfish production in this state as identified by the task force.

(d) An identification of strategies for obtaining funding to support the priorities identified under paragraph (c) of this subsection.

(3) A majority of the members of the task force constitutes a quorum for the transaction of business.

(4) Official action by the task force requires the approval of a majority of the members of the task force.

(5) The task force shall elect one of its members to serve as chairperson.

(6) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

(7) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the members of the task force.

(8) The task force may adopt rules necessary for the operation of the task force.

(9) The task force shall submit the draft initiative, which may include recommendations for legislation, to the interim committees of the Legislative Assembly related to environment and natural resources, in the manner provided by ORS 192.245 (Form of report to legislature) and no later than September 15, 2016.

(10) The Legislative Administration Committee shall provide staff support to the task force.

(11) Members of the task force 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 (Compensation and expenses of members of state boards and commissions). Claims for expenses incurred in performing functions of the task force shall be paid out of funds appropriated to the Legislative Administration Committee for purposes of the task force.

(12) All agencies of state government, as defined in ORS 174.111 ("State government" defined), are directed to assist the task force 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 task force consider necessary to perform their duties. [2015 c.814 §5]

Sec. 6. Section 5 of this 2015 Act is repealed on December 31, 2016. [2015 c.814 §6]

Note: Sections 7 and 8, chapter 814, Oregon Laws 2015, provide:

Sec. 7. The State Department of Agriculture shall conduct a pilot project for increasing the frequency of water quality monitoring and analysis related to the closure and opening of shellfish harvesting in Tillamook Bay. [2015 c.814 §7]

Sec. 8. Section 7 of this 2015 Act is repealed on July 1, 2017. [2015 c.814 §8]

Note: Sections 10 and 11, chapter 814, Oregon Laws 2015, provide:

Sec. 10. Oregon State University shall engage in the following research activities related to shellfish:

(1) Monitor the effects of ocean acidification at the Whiskey Creek Shellfish Hatchery; and

(2) Conduct the Molluscan Broodstock Program at the Hatfield Marine Science Center in conjunction with the Whiskey Creek Shellfish Hatchery. [2015 c.814 §10]

Sec. 11. Section 10 of this 2015 Act is repealed on July 1, 2017. [2015 c.814 §11]


1 Legislative Counsel Committee, CHAPTER 622—Shellfish, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors622.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.