2017 ORS 622.220¹
Jurisdiction
  • rules
  • violations

(1) The commercial cultivation of oysters, clams and mussels is declared to be an agricultural activity subject to the regulatory authority of the State Department of Agriculture. The department shall be the lead agency responsible for state administration of programs and policies relating to the commercial cultivation of oysters, clams and mussels.

(2)(a) The State Fish and Wildlife Commission has jurisdiction over all native oysters, clams and mussels in the waters of this state, but not cultivated oysters, clams and mussels in plats. The commission shall prescribe such rules for the protection of native oysters, clams and mussels and for the taking of native oysters and oyster spat shells subject to the commission’s jurisdiction as in the judgment of the commission is for the best interests of the resource.

(b) It is unlawful for any person to take native oysters, clams and mussels in violation of the rules adopted by the commission. [Formerly 509.425; 1997 c.375 §2; 2005 c.22 §436; 2017 c.711 §1]

Atty. Gen. Opinions

Right to cultivate oysters as subordinate to public rights of fishery, (1971) Vol 35, p 844

1 Legislative Counsel Committee, CHAPTER 622—Shellfish, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors622.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 622, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano622.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.