Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 142 - RULES GOVERNING THE ESTABLISHMENT AND MANAGEMENT OF MARINE RESERVES AND MARINE PROTECTED AREAS IN THE TERRITORIAL SEA › Section 141-142-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this division, unless the context requires
				otherwise:
(1) "Authorization" means a
			 lease, registration, short-term access authorization, temporary use
			 authorization, public facility license, easement or other authorization the
			 Department grants that allows a person to use, or place a structure in, on,
			 under or over state-owned submerged land, state-owned submersible land, or both
			 in the Territorial Sea.
(2)
			 "Department" means the Department of State Lands.
(3) "Disturbance" means the extraction of
			 living organisms and non-living materials, or human induced changes to the
			 environment.
(4) "Extractive
			 Activity" means any human effort to remove or attempt to remove any living or
			 non-living marine resource.
(5)
			 "Extreme Low Water" or "ELWL" [means the lowest elevation reached by the sea as
			 recorded by a water level gauge during a given period. Extreme low water is
			 generally seaward of the "line of ordinary low water" as defined in ORS
			 274.005(3).]
(6) "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 therein.
(7)
			 "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.
(8) "Mean High Water" or "MHWL" is a tidal
			 datum. It is the average of all the high water heights observed over the
			 National Tidal Datum Epoch. For stations with shorter series, comparison of
			 simultaneous observations with a control tide station is made in order to
			 derive the equivalent datum of the National Tidal Datum Epoch. For purposes of
			 the Department's jurisdiction, Mean High Water corresponds generally with the
			 "line of ordinary high water" as defined in ORS
			 274.005(3).
(9) "National Tidal Datum Epoch" means the
			 specific 19-year period adopted by the National Ocean Service as the official
			 time segment over which tide observations are taken and reduced to obtain mean
			 values (e.g., mean lower low water, etc.) for tidal datums. It is necessary for
			 standardization because of periodic and apparent secular trends in sea level.
			 The present National Tide Datum Epoch is 1983 through 2001 and is actively
			 considered for revision every 20-25 years. Tidal datums in certain regions with
			 anomalous sea level changes are calculated on a Modified 5-Year Epoch.
(10) "Removal-Fill Permit" means
			 an authorization granted by the Department governing the removal, fill,
			 alteration, or any combination thereof of material within the waters of the
			 State of Oregon as provided in ORS
			 196.668 to
			 196.692 and ORS
			 196.800 to ORS
			 196.990.
(11) "Seabird Protection Area" is an area
			 within Oregon's Territorial Sea that has been reserved by the state for the
			 protection of seabirds.
(12) "State
			 Land" as provided in ORS
			 273.006(8)
			 means public land controlled by the Department.
(13) "Structure" means anything placed,
			 constructed, or erected in, on, under or over state-owned submerged and
			 submersible land.
(14) "Submerged
			 Land" as provided in ORS
			 274.005(7),
			 means lands lying below the line of ordinary low water of all navigable waters
			 within the boundaries of this state as heretofore or hereafter established,
			 whether such waters are tidal or nontidal, except as provided in ORS
			 274.705.
(15) "Submersible Land" as provided in ORS
			 274.005(8),
			 means lands lying between the line of ordinary high water and the line of
			 ordinary low water of all navigable waters and all islands, shore lands or
			 other such lands held by or granted to this state by virtue of her sovereignty,
			 wherever applicable, within the boundaries of this state as heretofore or
			 hereafter established, whether such waters or lands are tidal or nontidal,
			 except as provided in ORS
			 274.705.
(16) "Territorial Sea" as provided in ORS
			 196.405(5),
			 means the waters and seabed extending three nautical/geographical miles seaward
			 from the coastline in conformance with federal law.
(17) "Territorial Sea Plan" as provided in
			 ORS 196.405(6),
			 means the plan for Oregon's Territorial Sea. In addition to the Territorial Sea
			 as defined in section (15), the scope of the Territorial Sea Plan includes the
			 "ocean shore" as defined in ORS
			 390.605.
Stat. Auth.: ORS 183, 273, 274
Stats. Implemented: ORS 847