1. (1) In determining if an area is suitable for cultivation of oysters, clams or mussels, the department shall consider the following:

   1. (a) Consistency with local land use regulations, plans and zoning requirements and with the Statewide Planning Goals.
   2. (b) Consistency with applicable local, state or federal laws.
   3. (c) Certification or approval status by the department for harvest intended for human consumption.
   4. (d) Compatibility with existing commercial fishing and shellfish operations including crabbing, shrimping and clamming.
   5. (e) Impacts on fish and wildlife habitat.
   6. (f) Impacts on navigation.
   7. (g) Compatibility with recreational activities, commerce or other public uses or public trust values.
   8. (h) Evidence that the land is owned by the state.
   9. (i) If the land is available for shellfish cultivation.
2. (2) The department shall consult with appropriate local, state and federal agencies to determine whether lands proposed by an applicant are suitable for shellfish cultivation. A local, state or federal agency may request in writing to receive notice of new plat applications.
3. (3) The classification of state lands for cultivation for a specific proposed plat area may occur concurrent with the processing and review of an application for a new plat.

Statutory/Other Authority

ORS 561.190

Statutes/Other Implemented

ORS 622.240 & 622.250

History

DOA 11-2003, f. & cert. ef. 2-27-03