(1) Applicants for new oyster plats, in addition to submitting an application in compliance with ORS 622.230 (1) and (2) and the submission of a fee of $250 per plat, shall cause notice of the application to be published once a week for two consecutive weeks in a newspaper of general circulation in each county where any area applied for, or any part thereof, is located. The notice must state the name of the applicant and the type of operation the applicant proposes to conduct and must describe the area to be planted with oysters.
(2) Not later than the 90th day after publication of the notice referred to in subsection (1) of this section, and upon finding that the notice complied with the requirements of subsection (1) of this section, the State Department of Agriculture may grant to the applicant the area applied for if the area is known to be available and if the department has classified the area as suitable for oyster cultivation.
(3) If the application referred to in this section is denied, the department shall provide the applicant with a written statement explaining the reason for the denial.
(4) Any person who holds an oyster plantation claim or plat that was in effect on June 1, 1997, may submit to the department an application to cultivate clams or mussels on not more than 20 percent of the lands subject to the claim or plat, but not less than one acre. Any such application must be in compliance with ORS 622.230 (1) and (2) and be accompanied by a fee of $250 for each such claim or plantation. [Formerly 509.431; 1997 c.249 §189; 1997 c.375 §4; 2005 c.22 §438]
Section: Previous 622.170 622.175 622.180 622.210 622.220 622.230 622.240 622.250 622.260 622.270 622.280 622.290 622.300 622.310 622.320 NextLast modified: August 7, 2008