Oregon Statutes 622.220 – 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.
Terms Used In Oregon Statutes 622.220
- Department: means the State Department of Agriculture. See Oregon Statutes 622.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes city, county and state as well as those included within the definition of person in ORS § 174. See Oregon Statutes 622.010
(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]