Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 21 - GENERAL OCEAN SHORE STATE RECREATION AREA RULES › Section 736-021-0030 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this division, the definitions in ORS
				358.905 and ORS
				390.605 shall apply. In
				addition, the following definitions apply, unless the context requires
				otherwise:
(1) "ATV" means All-Terrain
			 Vehicle as described and defined in OAR
			 736-004-0015. ATV may also be
			 referred to interchangeably as Off-Highway Vehicle (OHV).
(2) "Cobble" means a rock fragment between
			 about 2.5 inches and 10.2 inches wide, especially one that has been naturally
			 rounded.
(3) "Commission" means the
			 Oregon Parks and Recreation Commission.
(4) "Department" means the Oregon Parks and
			 Recreation Department.
(5)
			 "Director" means the director of the Oregon Parks and Recreation
			 Department.
(6) "Domestic animal"
			 means those animals whose food and shelter are provided by a human
			 custodian.
(7) "Enforcement
			 Officer" means a peace officer or park employee specifically designated by the
			 director under ORS 390.050 to investigate observed
			 or reported violations and to issue oral or written warnings or citations to
			 enforce the ocean shore state recreation area rules.
(8) "Habitat Conservation Plan for Western
			 (Coastal) Snowy Plovers" is a multi-agency, multi-jurisdictional recovery
			 effort for the Western Snowy Plover. The full text of the "Habitat Conservation
			 Plan for Western (Coastal) Snowy Plovers" is available from the State Parks and
			 Recreation Department.
(9)
			 "Handler" means a person who brings a domestic animal onto the ocean shore
			 state recreation area.
(10)
			 "Holdfast" means the part of a seaweed by which it fastens to the surface on
			 which it grows.
(11) "Marine
			 Protected Area" means any area of the marine environment within Oregon's
			 Territorial Sea that has been reserved by the state to provide lasting
			 protection for part or all of the natural and cultural resources in it. A
			 marine protected area is an area established by the State Land Board and
			 identified in OAR chapter 141, division 142.
(12) "Marine Reserve" is an area within
			 Oregon's Territorial Sea or adjacent rocky intertidal area that is protected
			 from all extractive activities, including the removal or disturbance of living
			 and non-living marine resources, except as necessary for monitoring or research
			 to evaluate reserve condition, effectiveness, or impact of stressors. A marine
			 reserve is an area established by the State Land Board and identified in OAR
			 chapter 141, division 142.
(13)
			 "Motorized vehicle or device" means any self-propelled means moving on wheels,
			 runners, tracks or the like by which a person could travel or carry something,
			 whether or not designed exclusively to transport or typically used on roads.
			 This definition includes but is not limited to a motor vehicle as defined in
			 ORS 825.005(9),
			 motorized bicycles, motor scooters, ATVs, OHVs, recreational vehicles, trailers
			 and other mobile equipment.
(14)
			 "Natural Product" means living and non-living natural products on the ocean
			 shore, including but not limited to marine plants, minerals, shells, rocks, and
			 sand.
(15) "Non-Traditional Park
			 Use" means any organized activity, gathering or use conducted in whole or in
			 part within the boundaries of the ocean shore state recreational area, that is
			 not a recreational use allowed by the posted park regulations or permitted
			 under the provisions of this rule or divisions 10, 15 and 20 and which requires
			 a special use permit under division 16.
(16) "Occupied site" means a department-owned
			 or leased area, a privately or locally-owned area or an area adjacent to
			 federal lands that has at least one nest or nesting attempt as identified by
			 the department at the beginning of each western snowy plover nesting season in
			 accordance with the Habitat Conservation Plan for Western (Coastal) Snowy
			 Plover.
(17) "Ocean shore state
			 recreation area" means the land lying between extreme low tide of the Pacific
			 Ocean and the statutory vegetation line or the line of established upland
			 vegetation, whichever is farther inland, under the jurisdiction of the
			 department that is used by the public for recreational purposes per ORS
			 390.605(2) and
			 (3).
(18) "Ocean shore resources" means any
			 natural or human-made property, material, product, feature or structure in the
			 ocean shore state recreation area.
(19) "OHV" means Off Highway Vehicle, also
			 called ATV, see definition (1).
(20) "Park Employee" means an employee of the
			 department.
(21) "Park Manager"
			 means the supervisor or designated employee in charge of an ocean shore state
			 recreation area.
(22) "Peace
			 Officer" means a sheriff, constable, marshal, municipal police officer, member
			 of the Oregon State Police, and other persons as may be designated by
			 law.
(23) "Person" includes an
			 individual, a public or private corporation, an unincorporated association, a
			 partnership, a government or a governmental unit, or a non-profit
			 entity.
(24) "Personal Use" means
			 use that is directly by the individual for purposes other than monetary reward
			 and not involving sale, barter, resale, or exchange of money.
(25) "Territorial Sea" as defined in ORS
			 196.405(5)
			 means the waters and seabed extending three geographical miles seaward from the
			 coastline in conformance with federal law.
(26) "Unoccupied sites" means actively
			 managed department-owned or leased areas, privately or locally-owned areas or
			 areas adjacent to federal lands that have been identified as potential nesting
			 sites for western snowy plovers in concurrence with the Habitat Conservation
			 Plan for Western (Coastal) Snowy Plover.
(27) "Upland" means the land lying shoreward
			 or generally easterly of the ocean shore state recreation area.
(28) "Violate" includes failure to
			 comply.
(29) "Wet sand" means the
			 area seaward of symbolic fencing (roping), signs, or both that are placed on
			 the dry sand area.
Statutory/Other Authority: ORS
				  390.660
Statutes/Other Implemented: ORS
				  390.124,
				  390.635 &
				  390.660