Current through Register Vol. 63, No. 9, September 1, 2024
(1) A person may not excavate, injure,
destroy or alter an archaeological site or object or remove an archaeological
object located on the ocean shore state recreation area, unless the department
has authorized that activity by a permit issued under ORS
390.235 and OAR
736-051-0060 to
736-051-0080.
(2) Except with the written permission of the
department or as allowed by sections (3) or (4) of this rule, a person may not:
(a) Pick, cut, mutilate, trim, uproot, or
remove any living vegetation;
(b)
Dig up or remove any sand, soil, rock, historical or fossil materials;
or
(c) Place, remove, roll, move
any stones, logs or other objects to gain access to the ocean shore state
recreation area.
(3) A
person who is an enrolled member of an Indian Tribe as defined in ORS
97.740 may collect natural
products as part of their traditional cultural heritage or as authorized in any
agreement between an Indian Tribe and the department, in accordance with
procedures established by the department and in state rules. Upon request by a
park employee, a person collecting natural products under this section must
present tribal enrollment identification.
(4) Removal for Personal Use: A person may
remove small quantities of natural products from the ocean shore state
recreation area for personal use without a permit as provided in subsections
(a) and (b). However, the department may restrict removal of natural products
to specific areas of the ocean shore state recreation area, by quantities of
material, and by time of year.
(a) Souvenirs
that may serve as a reminder of a person's ocean shore visit and may include a
small quantity of agates and other rocks, driftwood, and similar non-living
items collected for non-commercial, personal use in accordance with ORS
390.705 and
390.725. For items such as
agates, sand and cobble, each person collecting must use an individual
container and may not combine collections in the same container with another
person. Unless otherwise restricted by the department, a person may remove:
(A) Agates and other non-living items such as
shells, stones, and fossils loose on the ground, in small quantities, defined
as no more than a one-gallon volume container per person per day; up to three
gallons per person per calendar year.
(B) Sand: no more than a five-gallon volume
container per person per day; up to 20 gallons per person per calendar
year.
(C) Cobble: no more than a
five-gallon volume container per person per day; up to 10 gallons per person
per calendar year.
(D) Driftwood,
for non-commercial purposes, as follows:
(i)
No more than one cubic yard (3 ft X 3 ft X 3 ft) per person per day; up to
three cords per person per calendar year.
(ii) Driftwood removal is restricted to wood
that can be loaded by hand only. A person may not use mechanized loading or
removal equipment. The department must approve chainsaw use.
(iii) A person may not remove wood embedded
in the beach or in dune banks from the ocean shore state recreation
area.
(iv) A person may not
disturb, cut, mutilate or remove ancient tree stumps, including but not limited
to those found on the ocean shore state recreation area at the Neskowin "ghost
forest."
(b)
Living or non-living seaweed and marine plant harvesting or collecting for
non-commercial, personal consumption is allowed as provided in paragraphs (A)
through (H) of this subsection. The department may restrict removal of aquatic
vegetation to certain species, areas of the ocean shore state recreation area,
quantities, and time of year.
(A) A person may
harvest living seaweed and marine plants annually beginning March 1 and ending
June 15.
(B) A person may harvest
non-living seaweed and marine plants all year. However, in any western snowy
plover-managed area, a person may not harvest non-living seaweed and marine
plants during seasonal closures beginning March 15 and ending September
15.
(C) A person may not cut or
disturb eel grass (Zostera spp.), surf grass (Phyllospadix spp.) or sea palm
(Postelia sp.) in any area.
(D) A
person may not harvest or collect any species listed on the "Rare, Threatened
and Endangered Species of Oregon" published by the Oregon Biodiversity
Information Center.
(E) A person
may harvest no more than a one-gallon volume container per day; up to three
gallons per calendar year.
(F) Each
person collecting must use an individual container and may not combine
collections in the same container with another person.
(G) A person may harvest only by hand using a
knife or similar instrument. A person may only harvest live vegetation by
cutting or picking; tearing or using tined instruments, such as rakes or forks,
is prohibited. A person may remove loose or drift plants. A person may not
remove or disturb a holdfast.
(H) A
person may not pick, cut, mutilate, trim, uproot, remove or attempt to take or
possess any living or non-living plants or seaweeds in:
(i) marine reserves;
(ii) marine protected areas; or
(iii) Areas designated for Rocky Habitat Site
Management (Marine Research Areas, Marine Gardens (Marine Education Areas), and
Marine Conservation Areas) under Oregon Territorial Sea Plan Part Three unless
specifically allowed under management goals for the designated site or
authorized under section (3).
(5) For any area of the ocean shore state
recreation area that is also either a marine reserve or marine protected area,
regulations pertaining to collection or removal of natural products are
provided in division 29, OAR chapter 635, division 12, and OAR chapter 141,
division 142.
(6) In order to
remove or collect quantities of natural products greater than the limits listed
in this rule, a person must obtain a special-use permit from the
department.
(7) Removal for
Commercial Use: In order to remove or collect natural products for commercial
use, a person must obtain a permit as provided in OAR chapter 736, division
20.
(8) Other Collecting
Activities: Fishing, shellfishing, and collecting of other marine invertebrates
for personal or commercial use are regulated by the Oregon Department of Fish
and Wildlife (ODFW) under rules in OAR chapter 635.
(9) A person may engage in recreational
prospecting as provided in this section. However, the department may restrict
disturbance or removal to specific areas of the ocean shore state recreation
area, by quantities of material, and by time of year.
(a) A person may remove sand from the ocean
shore state recreation area for personal prospecting use. A person may remove a
maximum of one five-gallon volume container per day; for up to 20 gallons per
person per calendar year.
(b)
Equipment is limited to hand-operated instruments;
(c) A person may not use motorized equipment,
including solar, battery operated pumps, or other similar motorized
devices;
(d) A person may not use
chemicals, heavy metals or other aids to separate metals;
(e) A person may not prospect in waters of
the state without written permission from ODFW regarding in-stream work
periods. A person may not interrupt or divert water flow or in any way restrict
the movement of fish or wildlife;
(f) A person may not disturb, take, or move
wildlife, vegetation or other natural resources in the prospecting
process;
(g) If a person moves
rocks in the prospecting process, the person must return the prospecting area
to original condition before leaving the ocean shore state recreation
area;
(h) A person may not prospect
in any western snowy plover-managed area, during seasonal closures beginning
March 15 and ending September 15;
(i) A person may not disturb more than one
cubic yard of materials at any individual site, or more than a total of five
cubic yards within a one-quarter mile radius; and
(j) A person may not stake or file a mining
claim or leasehold location.
(10) Scientific research: A person may only
engage in scientific research, including product removal for research, pursuant
to a written permit from the department's Salem headquarters and any other
required state or federal permits. For example, a person who wishes to capture
or handle marine and freshwater fish and shellfish and other marine
invertebrates for scientific or educational purposes from the waters of Oregon,
including the ocean shore state recreation area, must obtain a valid scientific
taking permit from the Oregon Department of Fish and Wildlife, as provided in
OAR chapter 635, divisions 7 and 43.
(11) Metal detecting: A person may use a
metal detector or similar device on the ocean shore state recreation area
without a written permit from the department in the areas noted in the
"Detecting Allowed" list, published on the OPRD website.
(12) Additional Rules for Natural Resource
Protection: A person may not place items such as logs, rocks, ropes, structural
members or other objects; remove, bury, roll stones or other objects; carve,
dig caves or sculpt in sand dunes or sea cliffs, in a way that endangers
visitors or damages ocean shore resources.
(13) A person may not do any of the following
within the ocean shore recreation area:
(a)
Hunt, collect, pursue, trap, kill, injure, harass or molest any wildlife,
disturb or damage their habitat, disturb tidal pools, gather eggs or other live
material, except as allowed in this rule. However, a person may detain or
remove injured wildlife for rehabilitation efforts. A person must release
injured or orphaned wildlife to a licensed wildlife rehabilitator as soon as
feasible and in accordance with OAR chapter 635, divisions 44 and 56.
(b) Feed, give or offer food to
wildlife;
(c) Discharge any
firearm, pellet gun, bow and arrow, slingshot, paintball gun, or other weapon
or device capable of injuring any person or wildlife, except as allowed by
section (14).
(14) The
director may authorize the use of firearm and other predator control methods by
designated individuals for natural resource management purposes.
(15) Rules for Western Snowy Plover
Management Areas: In the western snowy plover management areas the following
additional rules apply, which are adopted based on the department's Habitat
Conservation Plan for Western (Coastal) Snowy Plover:
(a) Occupied Sites: In areas the department
designated as occupied sites for western snowy plovers, the following apply:
(A) All recreation is restricted within dry
sand demarked areas beginning March 15 and ending September 15. The department
may declare restrictions ended on July 15 due to a discontinuation of nesting.
The boundaries of "dry sand" areas may be identified with symbolic fencing
(roping), signs, or both.
(B) A
person may not operate a motorized or non-motorized vehicle or flying
apparatus, including but not limited to kites, gliders and air balloons on the
wet sand adjacent to demarked dry sand areas, except persons the department has
approved to perform administrative, enforcement or scientific duties.
(C) Dogs are prohibited on the wet sand
adjacent to demarked dry sand areas.
(D) Other recreational activities, such as
camping and recreational fires, that could not typically occur on wet sand due
to waves are also prohibited.
(E)
Walking and any other passive activity not otherwise mentioned here are allowed
on the wet sand.
(F) Horseback
riding on the wet sand of beaches with occupied sites is allowed, unless
horseback riding is otherwise restricted by special rules that pertain to areas
adjacent to coastal cities and detailed in division 30.
(b) Unoccupied Sites: In areas the department
has designated as unoccupied sites for western snowy plovers:
(A) A handler must leash dogs with a leash
length of six feet or less and keep the dog under physical control at all
times.
(B) Motorized and
non-motorized vehicles are prohibited beginning March 15 and ending September
15. The department may declare the restrictions to end on July 15 due to a lack
of nesting. The department may allow a person performing administrative,
enforcement or scientific duties to use motorized or non-motorized vehicles
when on official duty.
(C) The
department will use signs placed at approaches to an unoccupied, actively
managed area to convey restricted portions and duration to visitors.
(c) To manage the restoration
efforts for the western snowy plover, the department will:
(A) Implement the Habitat Conservation Plan
for Western (Coastal) Snowy Plover;
(B) Implement specific site plans designed
for each area identified in the Habitat Conservation Plan for Western (Coastal)
Snowy Plover;
(C) Implement the
rules in this section, which apply to department-owned, leased or managed
properties, as well as areas owned privately or by local governments that have
been identified in the conservation plan or the site plans, and areas adjacent
to occupied or unoccupied federal land; and
(D) Take any other action deemed necessary to
the restoration effort.
Statutory/Other Authority: ORS
390.124,
390.660 &
390.725
Statutes/Other Implemented: ORS
164.775,
358.920,
390.635,
390.660 &
390.725
