Oregon Bulletin
Rule
Caption: Implementation of the wolf
depredation compensation and financial assistance grant program.
Adm.
Order No.: DOA 25-2011
Filed with Sec. of
State: 12-28-2011
Certified to be
Effective: 12-28-11
Notice Publication
Date: 11-1-2011
Rules Adopted: 603-019-0001, 603-019-0005, 603-019-0010, 603-019-0015,
603-019-0020, 603-019-0025, 603-019-0030, 603-019-0035, 603-019-0040
Subject: The purpose of these rules is to provide criteria and
procedures for implementation and administration of the Wolf Depredation
Compensation and Financial Assistance Grant Program. Grant funds will be
awarded to qualified county programs for compensation to persons who suffer
death of or injury to livestock or working dogs that is attributed to wolf
depredation. grant funds may also be awarded for financial assistance to
persons who implement livestock management techniques or non-lethal wolf
deterrence techniques designed to discourage wolf/livestock interactions and
reduce wolf depredations. grant funds may also compensate counties for expenses
associated with up to 90% of the implementation of the County Program as
defined in the rule.
Rules Coordinator: Sue Gooch—(503) 986-4583
603-019-0001
Definitions
As used in 603-019-0001 to 603-019-0040, unless the
context requires otherwise:
(1) “Livestock” means, ratites, horses, mules,
jackasses, cattle, llamas, alpacas, sheep, goats, swine, bison, domesticated
fowl and any fur-bearing animal bred and maintained commercially, or otherwise,
within pens, cages or hutches.
(2) “Working dog” means any animal of the species Canis
familiaris used to aid in the herding or guarding of livestock.
(3) “Department” means the State Department of
Agriculture.
(4) “Trust Fund” means the Wolf Management Compensation
and Proactive Trust Fund
(5) “County Program” means an established county
government wolf depredation compensation and financial assistance program
meeting all of the requirements established under this rule.
(6) “Attributed to wolf depredation” means a finding by
the Oregon Department of Fish and Wildlife (ODF&W) or a designated agent
for ODF&W, that wolf depredation was the probable cause of the death or
injury.
(7) “Area of known wolf activity” means an area of
known wolf activity that is designated as such by the ODF&W.
Stat. Auth.: ORS 690
Stats. Implemented: ORS 690
Hist.: DOA 25-2011, f. & cert.
ef. 12-28-11
603-019-0005
Purpose
The purpose of these rules is to provide criteria and
procedures for implementation and administration of the Wolf Depredation
Compensation and Financial Assistance Grant Program. Grant funds will be
awarded to qualified county programs for;
(a) Compensation to persons who suffer death of or
injury to livestock or working dogs that is attributed to wolf depredation as
well as compensation for certain missing animals that qualify and/or;
(b) Financial assistance to persons who implement
livestock management techniques or nonlethal wolf deterrence techniques
designed to discourage wolf /livestock interactions and reduce wolf
depredations.
(c) Expenses associated with up to 90% of the
implementation of a county program as defined in 603-019-0015(g).
Stat. Auth.: ORS 690
Stats. Implemented: ORS 690
Hist.: DOA 25-2011, f. & cert.
ef. 12-28-11
603-019-0010
Eligible Applicants
Eligible applicants are county governments that have
established an advisory committee and otherwise met the requirements listed in
OAR 603-019-0015 and are prepared to assess applications from persons who are
eligible to apply for grant funds from the county.
Stat. Auth.: ORS 690
Stats. Implemented: ORS 690
Hist.: DOA 25-2011, f. & cert.
ef. 12-28-11
603-019-0015
Standards to Determine Grant Award
Eligibility
(1) The Department will consider applications for funds
from the Trust Fund from county programs that meet the stated purpose of this
rule and contain the elements specified in this section.
(2) Grants are subject to available funding in the
Trust Fund. A county may qualify for a grant if a county has a county program
that meets the following requirements:
(a) A county must establish a county advisory committee
to oversee the county program.
(A) Advisory committee membership shall include:
(i) One county commissioner;
(ii) Two members who own or manage livestock; and
(iii) Two members who support wolf conservation or
coexistence with wolves.
(B) Once established, the county advisory committee
shall agree upon two county business representatives to serve as additional
county advisory committee members.
(b) A county must establish a procedure by which
livestock owners and managers experiencing above expected death or injury to
livestock or working dogs attributed to wolf depredation shall be given
priority by the committee for grant moneys received under the County Program.
(c) A county program must require that an advisory
committee must establish compensation rates for death or injury to livestock or
working dogs attributable to wolf depredation, that are based on fair market
value. Compensation for death or injury of livestock or working dogs takes
priority over compensation for missing livestock.
(d) A county program must require that within an area
of known wolf activity, a county advisory committee must establish compensation
rates for missing livestock attributable to wolf depredation. To qualify for
compensation for missing livestock producers must document that other possible
causes for their animals to be missing, not including wolf depredation, have
been eliminated for the number of missing animals they are claiming.
Compensation for missing livestock may be at a lower value than compensation
for death or injury as allowed in 603-019-0015(2)(c) at the discretion of the
county advisory committee. Losses confirmed as due to wolf depredation shall be
given priority over losses for missing livestock.
(e) A county program must establish eligibility
requirements for compensation that ensures, contingent upon available funds,
that:
(A) In order to consider awarding any compensation for
death or injury to livestock or working dogs, or missing livestock and working
dogs attributed to wolf depredation, the county advisory committee must
determine that the person did not unreasonably or purposefully create
circumstances that attract wolves or encourage conflict between wolves and
livestock or working dogs, excluding accepted normal husbandry and grazing
activities.
(B) Compensation for documented death or injury to
livestock or working dogs that is attributed to wolf depredation that occurred
outside an area of known wolf activity shall be compensated regardless of the
preexistence of wolf deterrence techniques.
(C) Compensation for documented death or injury to
livestock or working dogs that is attributed to wolf depredation that occurred
within an area of known wolf activity shall be compensated if owners have
demonstrated implementation of best management practices to deter wolves
including reasonable non-lethal methods when practicable.
(D) Compensation for missing livestock or working dogs
that is attributed to wolf depredation that occurred within an area of known
wolf activity may be granted if owners document that other possible causes for
their animals to be missing, not including wolf depredation, have been
eliminated for the number of missing animals they are claiming.
(f) A county program must distribute grant program
funds, to the extent possible, in an equal and balanced manner between payments
to compensate for death or injury to livestock or working dogs attributed to
wolf depredation and payments to implement livestock management techniques or
nonlethal wolf deterrence techniques designed to discourage wolf depredation of
livestock, with a minimum of 30% of a county’s grant funds, as distributed by
the Department to that county, distributed for livestock management techniques
or nonlethal wolf deterrence techniques designed to discourage wolf depredation
of livestock.
(g) The county must contribute an amount of money equal
to 10% of the allowable expenditures necessary to implement the county program
during the calendar year. Allowable expenditures are:
(A) Establishing a county advisory committee.
(B) Establishing a procedure by which persons applying
for compensation will provide sufficient evidence of actual livestock and/or
working dog losses attributed to wolf depredation.
(C) Establishing a procedure by which persons applying
for financial assistance for the cost of livestock management or nonlethal
deterrence provides an estimate of the potential cost.
(D) Establishing compensation rates for livestock or
working dog losses from death, injury or missing all of which are attributed to
wolf depredation.
(E) Distributing grant program funds.
(F) Preparation of an annual report to the Department.
Stat. Auth.: ORS 690
Stats. Implemented: ORS 690
Hist.: DOA 25-2011, f. & cert.
ef. 12-28-11
603-019-0020
Distribution of Grant Funds by
County Advisory Committees
Grant funds received by a county program from the
Department may only be used to reimburse the following expenses or losses:
(1) Compensation for documented death or injury to
livestock and working dogs determined as attributed to wolf depredation.
(2) Compensation for missing livestock or working dogs
only when the animals in question became missing from within an area of known
wolf activity and the livestock owner or manager has satisfied the requirements
described in 603-019-0015.
(3) Compensation for death, injury or missing livestock
or working dogs within a known area of wolf activity requires the livestock
owner or manager to demonstrate to the county advisory committee, that they
implemented best management practices to deter wolves, including reasonable use
of nonlethal methods when practicable.
(4) Compensation for the cost of livestock management
techniques or nonlethal wolf deterrence techniques designed to limit
wolf/livestock interactions and discourage wolf depredation of livestock. These
funds must amount to at least 30% of the total grant funds distributed by the
Department to a county program.
(5) A county may submit up to 90% of expenses incurred
by implementation of a county program meeting the requirements specified in OAR
603-019-0015. The county must make a money contribution equaling at least 10%
of the expenses for one calendar year for implementation of a county program.
Stat. Auth.: ORS 690
Stats. Implemented: ORS 690
Hist.: DOA 25-2011, f. & cert.
ef. 12-28-11
603-019-0025
Application Procedures
(1) Grant application forms will be made available and
distributed by the Department.
(2) Each county shall submit its proposal for funding
on the Department’s application form, including attachments as necessary.
(3) Applications for grant funds may be submitted to the
Department by February15th of each year. Late submissions may be accepted in
the discretion of the Department as is consistent with law.
(4) Grant applications may be made for:
(a) Funds to compensate for the loss or injury of
livestock or working dogs due to wolf depredation;
(b) Funds to compensate for missing livestock
consistent with OAR 603-019-0015;
(c) Funds for financial assistance for the
implementation of nonlethal management techniques designed to discourage wolf
depredation of livestock; and
(d) For up to 90% of the expense for one calendar year
of implementing a county program as described in 603-019-0015.
Stat. Auth.: ORS 690
Stats. Implemented: ORS 690
Hist.: DOA 25-2011, f. & cert.
ef. 12-28-11
603-019-0030
Application Review
(1) The Department may process grant applications to
evaluate the reasonableness of the amount of money requested. The Department
may use formulas it may derive for allocating available funds equitably among
grant requests.
(2) The Department will review each application for
completeness, accuracy, and consistency with these rules. Incomplete
applications may be returned for correction or completion. Applications not
meeting the standards established in these rules may be denied. If an
application is denied, the Department may identify standards necessary for
approval of a future grant application.
Stat. Auth.: ORS 690
Stats. Implemented: ORS 690
Hist.: DOA 25-2011, f. & cert.
ef. 12-28-11
603-019-0035
Grant Awards
(1) After reviewing a county application, the Department
will make one of the following decisions for each county’s grant request.
(a) Approval of grant award for the full amount
requested;
(b) Approval of grant award of partial amount
requested. In this instance, the Department may elect to fund a portion of
grant request;
(c) Deferral of request for further consideration based
upon submission of additional information;
(d) Denial of request. Applicants whose proposals are
denied may reapply the following year.
(2) Any funds not allocated within the current calendar
year by the Department shall be carried forward in the Trust Fund into the
following year.
Stat. Auth.: ORS 690
Stats. Implemented: ORS 690
Hist.: DOA 25-2011, f. & cert.
ef. 12-28-11
603-019-0040
Grant Administration
(1) The Department and the recipient county will enter
a grant agreement that includes but is not limited to the following:
(a) A description of the county program and a
description of the work elements for which grant funding is received. ;
(b) A payment schedule as determined by the Department.
(c) A condition requiring the participating county to
prepare an annual report that specifies the actions taken, compensation paid
and financial assistance provided under the grant. This report will be due to
the Department on June 1st of each year beginning in the year 2012.
(d) A condition allowing the Department to withhold the
relevant payment pending resolution of the identified deficiencies in grant
administration or in the event the Department finds a report unsatisfactory.
(e) A condition allowing, termination of the grant
agreement if a county is consistently unable to meet performance standards as
identified in the grant or as consistent with law.
(2) A condition requiring each recipient to submit a
final report to the Department within six months of the official close of the
grant period. The final report must detail the actions taken consistent with
the grant agreement, compensation paid and financial assistance provided under
the grant.
(3) A condition requiring counties to maintain any and
all records necessary to allow the Department to monitor administration of the
grant.
(4) A condition specifying that grantees and the
Department may amend timelines specified in the grant agreement provided such
amendments are in writing and are mutually agreed to.
(5) A condition specifying that unexpended grant funds
not used by the grantee must be returned to the Department for reallocation to
the Trust Fund.
(6) A condition specifying that as part of its duty to monitor
the county programs, the Department may audit and review county program grant
application documents, subsidiary record documentation, and source documents,
including but not limited to, invoices, cost computations by the county or by a
County Advisory committee and all other instruments and documents upon which
expenditure of grant funding was determined and which the Department ascertains
is necessary to determine compliance with a county program.
(7) A condition specifying that any grant moneys disbursed
to a county that remain unobligated or unexpended as of the termination date of
a grant agreement must be returned to the Department.
Stat. Auth.: ORS 690
Stats. Implemented: ORS 690
Hist.: DOA 25-2011, f. & cert.
ef. 12-28-11
Rule
Caption: Implementation of Oregon Laws 2011
Chapter 436 regarding the management of egg-laying hens in cages.
Adm.
Order No.: DOA 26-2011(Temp)
Filed with Sec. of
State: 12-28-2011
Certified to be
Effective: 12-28-11 thru 6-20-12
Notice Publication
Date:
Rules Adopted: 603-018-0001, 603-018-0003, 603-018-0007, 603-018-0009,
603-018-0011, 603-018-0013
Subject: ORS Oregon Laws 2011 Chapter 436 requires the
department to develop administrative rules for the management of egg-laying
hens housed in cages and to regulate the distribution of eggs and egg products
within Oregon. These rules provide clarity on the standards that must be met
for egg-laying hens in cages, the requirements for distribution of eggs and egg
products in Oregon, how to provide proof of meeting such standards,
responsibilities of distributors and purchasers of eggs and egg products and
what information is to be included in Farm Business Plans. These rules also
include enforcement alternatives, civil penalty implementation and department
access and subpoena authority.
Rules Coordinator: Sue Gooch—(503) 986-4583
603-018-0001
Definitions
For purposes of OAR 603-018-0003 to 603-018-0013:
(1) “Commercial egg-laying farm” means any commercial
farm that has caged egg-laying hens at any one location or multiple locations.
(2) “Director” means the Director of the Department of
Agriculture or the Director’s authorized deputies or officers.
(3) “Distribute” means to import, consign, sell, offer
for sale, barter, exchange or otherwise facilitate the supplying of eggs or egg
products into or within Oregon.
(4) “Distributor” means the first person that distributes
egg or egg products into or within Oregon.
(5) “Enforcement” means any documented action taken by
the department to address a violation.
(6) “Person” includes individuals, corporations,
associations, firms, joint stock companies, public and municipal corporations,
political subdivisions of the state and any agency thereof, and the federal
government and any agency thereof.
(7) “Sell” or “Sale” means to sell, offer for sale,
expose for sale, or have in possession for sale.
(8) “Violation” is an act or omission that does not
comply with a provision of Oregon Laws 2011 Chapter 436 or the administrative
rules developed thereunder.
Stat. Auth.: 2011 OL Ch. 436
Stats. Implemented: 2011 OL Ch.
436
Hist.: DOA 26-2011(Temp), f. &
cert. ef. 12-28-11 thru 6-20-12
603-018-0003
Poultry Husbandry, Cage Size
Standards for Egg Laying Hens
(1) All cages used, or intended for use to confine
egg-laying hens that were constructed or otherwise acquired before January 1,
2012 must meet, or exceed, the following standards for certification
established in the 2010 Edition of the United Egg Producers’ (UEP) Animal
Husbandry Guidelines for U.S. Egg Laying Flocks addressing Housing and Space
Guidelines.
(a) Cage configuration and equipment maintenance must
be such that manure from birds in upper cage levels does not drop directly on
birds in lower level cages.
(b) All hens must be able to stand comfortably upright
in their cage. The slope of the cage floor should not exceed 8 degrees.
(c) Space allowance must be in the range of 67 to 86
square inches of usable space per bird to optimize hen welfare.
(d) Feeder space must be sufficient to allow all birds
to eat at the same time.
(e) Chicks, pullets and hens must have continuous
access to clean drinking water except that water may be shut off temporarily in
preparation for the administration of vaccines or medication in the water.
(2) All cages used, or intended for use to confine
egg-laying hens that are constructed or otherwise acquired after January 1,
2012 must meet, or be convertible into enclosures that meet, or exceed,
standards equivalent to the American Humane Certified TM Animal Welfare
Standards for Enriched Colony Housing (revised June 29, 2011).
(3) At a minimum, all cages used, or intended for use
to confine egg-laying hens to produce eggs for distribution into, or within
Oregon and were constructed or otherwise acquired before January 1, 2012 must
meet the standards described in OAR 603-018-0003(1) or must meet standards for
UEP certification until cages meet, or are converted to meet, or exceed,
standards equivalent to American Humane Certified TM Animal Welfare Standards
for Enriched Colony Housing (revised June 29, 2011).
Stat. Auth.: 2011 OL Ch. 436
Stats. Implemented: 2011 OL Ch.
436
Hist.: DOA 26-2011(Temp), f. &
cert. ef. 12-28-11 thru 6-20-12
603-018-0007
Standards for, and documentation
of, production and distribution of eggs and egg products
(1) All eggs, or egg products distributed in Oregon
shall be from hens managed in accordance to Oregon law and OAR 603-018-0001
through 603-018-0007.
(2) Distributors of eggs or egg products into, or
within, this state, for use within this state to any entity other than the
retail end-user of shell eggs, must provide documentation to the department
that the eggs or egg products originated from hens managed according to (OAR
603-018-0007(1). Such documentation may include a copy of current UEP
certification, AHA certification, certification by an independent third party
approved by the Director.
(3) If the documentation required in OAR
603-018-0007(2) of this section is not on file with ODA as a part of a Farm
Business Plan as required in 603-018-0009, the distributor of eggs or egg
products must complete and submit documentation of current UEP Certification,
or a notarized letter from an independent third party approved by the Director,
certifying that the eggs being distributed in Oregon meet the requirements of
603-018-0001 through OAR 603-018-0007 to the State Department of Agriculture
before distributing any eggs or egg products in the state. The documentation
required by 603-018-0007(2) must be submitted annually.
(4) Any Oregon purchaser, other than the retail
end-user of shell eggs, of eggs or egg products must maintain receipts or other
documentation identifying the distributor from whom they received eggs, or egg
products. Receipts or other documentation must be maintained for a period of
three (3) years and made available to the department upon request.
(5) Eggs or egg products that are certified per section
OAR 603-018-0007(2) of this section may not be sold in Oregon if they are
comingled with non-certified eggs or egg products.
(6) A person may not fail, or refuse, to submit
documentation that eggs, or egg products sold in Oregon meet the standards
required by the department. Failure, or refusal to submit documentation to the
department may result in an enforcement action including civil penalty.
(7) A person may not fail, or refuse, to possess or
maintain records as required in OAR 603-018-0007 (4) of this section. Failure,
or refusal to possess and maintain documentation as required may result in an
enforcement action including civil penalty.
(8) A person may not distribute eggs or egg products
that the person knows, or reasonably should know that are a product of an
egg-laying hen that has been confined in an enclosure that fails to comply with
Oregon Laws 2011 Chapter 436 or OAR 603-018-0001 through 603-018-0007. Any such
distribution may result in an enforcement action including civil penalty.
Stat. Auth.: 2011 OL Ch. 436
Stats. Implemented: 2011 OL Ch.
436
Hist.: DOA 26-2011(Temp), f. &
cert. ef. 12-28-11 thru 6-20-12
603-018-0009
Commercial Egg-Laying Farm
Business Plans
(1) Upon renewal of an “Egg Breaker” or “Egg Handler”
license issued by the department annually beginning July 1, 2012, all
commercial egg laying farms in Oregon must write and submit to the department a
Farm Business Plan describing the manner by which they intend to comply with
2026 conversion goals as outlined in Section 9 of Oregon Laws 2011 Chapter 436.
(2) If a commercial egg-laying farm in Oregon does not
hold an “Egg Breaker” or “Egg Handler” license, a Farm Business Plan may be
submitted to the department annually beginning July 1, 2012.
(3) A Farm Business Plan must include:
(a) Identification of the commercial egg-laying farm
location(s) including address, contact information, signature of principal
owner(s) or their authorized representative.
(b) Date plan was written.
(c) A copy of a current UEP or AHA certification, or a
notarized letter of certification by an an independent third party approved by
the Director that verifies that the eggs, or egg products are produced from
hens managed according to the standards of OAR 603-018-0001 through OAR
603-018-0007 at a minimum.
(d) Percentage of total egg-laying hen capacity that
currently meet, or exceed, UEP standards or standards described in OAR
603-018-0001 through OAR 603-018-0007.
(e) Percentage of total egg-laying hen capacity that
meet, or exceed, AHA Enriched Colony Housing standards. The sum of (d) and (e)
must equal 100%.
(f) Brief narrative explaining how the farm intends to
meet the anticipated replacement timeline for the conversion of enclosures.
(4) Each person submitting a Farm Business Plan must
maintain adequate documentation to support the information provided therein.
These documents must be made available to the department upon request.
(5) Verification of the information contained in a Farm
Business Plan may be accomplished by physical inspection of the commercial
egg-laying farm by a department representative.
(6) A person may not fail or refuse to submit a Farm
Business Plan as required. Failure or refusal to submit a Farm Business Plan as
required is a violation subject to enforcement actions, up to and including
civil penalty.
(7) A person may not fail or refuse to maintain
adequate documentation to substantiate information contained in a Farm Business
Plan. Failure or refusal to maintain, or provide, such documentation is a
violation subject to enforcement actions, up to and including civil penalty.
(8) The department may request information to be
included in a Farm Business Plan as deemed necessary.
Stat. Auth.: 2011 OL Ch. 436
Stats. Implemented: 2011 OL Ch.
436
Hist.: DOA 26-2011(Temp), f. &
cert. ef. 12-28-11 thru 6-20-12
603-018-0011
Department Access, Subpoena
authority
(1) As authorized by ORS 561.275 the State Department
of Agriculture may have access at reasonable times to records, premises,
materials or conveyances as necessary for the purpose of administering and
enforcing Oregon Laws 2011 Chapter 436 and rules adopted thereunder.
(2) The department may obtain a subpoena to require the
production of pertinent records related to the administration and enforcement
of Oregon Laws 2011 Chapter 436 and rules adopted thereunder.
Stat. Auth.: 2011 OL Ch. 436
Stats. Implemented: 2011 OL Ch.
436
Hist.: DOA 26-2011(Temp), f. &
cert. ef. 12-28-11 thru 6-20-12
603-0018-0013
Enforcement and Civil Penalties
Generally
(1) In addition to any other penalty provided by law,
the Director may assess a civil penalty not to exceed $2,500 for each violation
of any provision of Oregon Laws 2011 Chapter 436 and rules adopted thereunder.
(2) In addition to a civil penalty or any other penalty
provided by law, the department is not precluded from utilizing other
enforcement alternatives. Enforcement alternatives may include, but are not
limited to, letter of advisement, notice of violation, or other non-civil
penalty action as authorized by law and as deemed necessary to attain
compliance.
(3) A civil penalty imposed under the applicable
statutes and these rules may be remitted or reduced upon such terms and
conditions, as the Director considers proper and consistent with public health
and safety.
(4) Civil penalties shall be due and payable ten (10)
business days after the order becomes final by operation of law or on appeal. A
person may pay a civil penalty before an order becomes final. Payment of a
civil penalty before an order becomes final is an admission by the person of
all of the allegations in the Notice of Imposition of Civil Penalty.
Stat. Auth.: 2011 OL Ch. 436
Stats. Implemented: 2011 OL Ch.
436
Hist.: DOA 26-2011(Temp), f. &
cert. ef. 12-28-11 thru 6-20-12
Rule
Caption: Inland Rogue Agricultural Water
Quality Management Area Rules.
Adm.
Order No.: DOA 1-2012
Filed with Sec. of
State: 1-12-2012
Certified to be
Effective: 1-12-12
Notice Publication
Date: 7-1-2011
Rules Adopted: 603-095-1460
Rules Amended: 603-095-1400, 603-095-1420, 603-095-1440
Rules Repealed: 603-095-0200, 603-095-0220, 603-095-0240, 603-095-0260,
603-095-0280
Subject: The Rules effectuate the implementation of the Inland
Rogue Agricultural Water Quality Management Area Plan developed under ORS
568.900 through 568.933 and OAR Chapter 603 Division 90.
Rules Coordinator: Sue Gooch—(503) 986-4583
603-095-1400
Purpose
(1) These rules have been developed to implement a
water quality management area plan for the Inland Rogue Agricultural Water
Quality Management Area pursuant to authorities vested in the department
through ORS 568.900 – 568.933 and 561.190 – 561.191. The area plan
is known as the Inland Rogue Agricultural Water Quality Management Area Plan.
(2) The purpose of these rules is to outline
requirements for landowners in the Inland Rogue Agricultural Water Quality
Management Area to prevent and control water pollution from agricultural
activities and soil erosion. Compliance with OAR 603-095-1400 to 603-095-1460
is expected to aid in the achievement of applicable water quality standards in
the Inland Rogue Agricultural Water Quality Management Area.
Stat. Auth.: ORS 561.190 - 561.191
& 568.912
Stats. Implemented: ORS 568.900 -
568.933
Hist.: DOA 13-2001, f. & cert.
ef. 6-8-01; DOA 1-2012, f. & cert. ef. 1-12-12
603-095-1420
Geographic and Programmatic Scope
(1) The Inland Rogue Agricultural Water Quality
Management Area includes the drainage area of the Rogue River primarily within
the political boundaries of Jackson and Josephine counties. It does not include
the drainage area of the Lower Rogue outside the Josephine county boundary. The
physical boundaries of the Inland Rogue Agricultural Water Quality Management
Area are indicated on the map included as Appendix 1 of these rules.
(2) Operational boundaries for the land base under the
purview of these rules include all lands within the Inland Rogue Agricultural
Water Quality Management Area in agricultural use, agricultural and rural lands
that are lying idle, or on which management has been deferred, and forested
lands with agricultural activities, with the exception of public lands managed
by federal agencies, reservation and tribal trust lands, and activities which
are subject to the Forest Practices Act.
(3) Current productive agricultural use is not required
for the provisions of these rules to apply. For example, highly erodible lands
with no present active use are within the purview of these rules.
(4) The provisions and requirements outlined in these
rules may be adopted by reference by Designated Management Agencies with
appropriate authority and responsibilities in other geographic areas of the
Inland Rogue Agricultural Water Quality Management Area.
(5) For lands in agricultural use within other
Designated Management Agencies’ or state agency jurisdictions, the Department
of Agriculture (department) and the appropriate Local Management Agency will
work with these Designated Management Agencies to assure that provisions of
these rules apply and to assure that duplication of any services provided, or
fees assessed does not occur.
[ED. NOTE: Appendices referenced
are available from the agency.]
Stat. Auth.: ORS 561.190 - 561.191
& 568.912
Stats. Implemented: ORS 568.900 -
568.933
Hist.: DOA 13-2001, f. & cert.
ef. 6-8-01; DOA 1-2012, f. & cert. ef. 1-12-12
603-095-1440
Prohibited Conditions
(1) All landowners or operators conducting activities
on lands described above in OAR 603-095-1420(2) shall be in compliance with the
following rules. A landowner shall be responsible for only those conditions
caused by the activities of the landowner or operator. Rules do not apply to
conditions resulting from unusual weather events or other exceptional
circumstances that could not have been reasonably anticipated. Limited duration
activities may be exempt from these conditions subject to approval by the department.
(2) Excessive Soil Erosion
(a) There shall be no visible evidence of erosion
resulting from agricultural management in a location where erosion has
contributed or will contribute sediment to waters of the state. Visible
evidence of erosion may consist of the following features:
(A) Sheet wash, noted by visible pedestalling, surface
undulations, and/or flute marks on bare or sparsely-vegetated ground;
(B) Visibly active gullies, as defined by OAR
603-095-0010(1);
(C) Multiple rills, which have the form of gullies, but
are smaller, in cross-sectional area, than one square foot.
(3) Riparian Vegetation Destruction
(a) Agricultural management of riparian areas shall not
impede the development and maintenance of adequate riparian vegetation to
control water pollution, provide stream channel stability, moderate solar
heating, and filter nutrients and sediment from runoff.
(b) This condition is not intended to prohibit riparian
grazing where it can be done while managing for riparian vegetation required in
OAR 603-095-1440(3)(a).
(c) Constructed ditches that carry only irrigation
delivery and drainage water are exempt from conditions described in OAR
603-095-1440(3).
(4) Surface Irrigation Return Flows. Runoff of surface
irrigation that enters waters of the state shall not exceed water quality
standards or cause pollution of the receiving water.
(5) Waste. No person subject to these rules shall
violate any provision of ORS 468B.025 or ORS 468B.050.
Stat. Auth.: ORS 561.190 - 561.191
& 568.912
Stats. Implemented: ORS 568.900 -
568.933
Hist.: DOA 13-2001, f. & cert.
ef. 6-8-01; DOA 1-2012, f. & cert. ef. 1-12-12
603-095-1460
Complaints and Investigations
(1) When the department receives notice of an alleged
occurrence of agricultural pollution through a written complaint, its own
observation, through notification by another agency, or by other means, the
department may conduct an investigation. The department may coordinate
inspection activities with the appropriate Local Management Agency.
(2) Each notice of an alleged occurrence of
agricultural pollution will be evaluated in accordance with the criteria in ORS
568.900 to 568.933, or any rules adopted thereunder to determine whether an
investigation is warranted.
(3) Any person allegedly being damaged or otherwise
adversely affected by agricultural pollution, or alleging any violation of ORS
568.900 to 568.933, or any rules adopted thereunder, may file a complaint with
the department.
(4) The department will evaluate or investigate a
complaint filed by a person under section OAR 603-095-1460(3) if the complaint
is in writing, signed and dated by the complainant and indicates the location
and description of:
(a) The waters of the state allegedly being damaged or
impacted; and
(b) The property allegedly being managed under
conditions violating criteria described in ORS 568.900 to 568.933, or any rules
adopted thereunder.
(5) As used in section OAR 603-095-1460(4), “person”
does not include any local, state, or federal agency.
(6) Notwithstanding OAR 603-095-1460(4), the department
may investigate at any time any complaint if the department determines that the
violation alleged in the complaint may present an immediate threat to the
public health or safety.
(7) If the department determines that a violation of
ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the
landowner may be subject to the enforcement procedures of the department
outlined in OARs 603-090-0060 through 603-090-0120.
Statutory Authority: ORS 561.190 -
561.191 & 568.912
Statutes Implemented: ORS 568.900
- 568.933
Hist.: DOA 1-2012, f. & cert.
ef. 1-12-12
Rule
Caption: Renames Directly Supervised
Trainee license and allows for multiple year renewal with continuing education
component.
Adm.
Order No.: DOA 2-2012
Filed with Sec. of
State: 1-13-2012
Certified to be
Effective: 1-1-13
Notice Publication
Date: 9-1-2011
Rules Amended: 603-057-0001, 603-057-0100, 603-057-0127
Subject: The rules rename the Directly Supervised Trainee
License to avoid confusion wit the Immediately Supervised trainee License. The
Directly Supervised trainee License is renamed the Pesticide Apprentice
License. In addition, the rules expand the ability to renew the Pesticide
Apprentice License. Existing administrative rules limit directly supervised
trainees to one lifetime annual renewal. A pesticide Apprentice may maintain
this license indefinitely by attending educational program. The rules restrict
Pesticide Apprentices from applying pesticides by helicopter or fixed wing
aircraft.
The amendments
are intended to allow flexibility for employers to hire, train, supervise and
maintain Pesticide Apprentices. Persons who qualify for the Pesticide
Apprentice license will be able to enter the industry at a more gradual pace
and will be introduced to concepts presented in continuing education programs.
Persons with limited written English language skills or test-taking abilities
will be allowed to continue employment under the supervision of a fully
licensed applicator. The rules clarify several trainee responsibilities, ensure
documentation of the supervisor-trainee relationship; and
The Agency
received public comments in support of the rule change as it will streamline
the licensing process by having the Pesticide Apprentice license replace both
the Commercial Directly Supervised trainee license and the Public Directly
Supervised trainee license. Also allowing conditions to renew this license
reduces the negative economic impact of the rule on businesses by allowing them
to retain trained employees.
Rules Coordinator: Sue Gooch—(503) 986-4583
603-057-0001
Definitions
In addition to the definitions set forth in ORS
634.006, the following shall apply
(1) “Accident” means an undesirable and unintended
event, caused by the use or application of pesticides, that adversely affects
the environment.
(2) “Compatibility” means the properties of a pesticide
that permit its use with other chemicals without undesirable results being
caused by such combination.
(3) “Competence” means the proficiency in the
performance of activities related to pesticide application, the degree of which
is directly related to the nature of such activities.
(4) “Common Exposure Route” means a likely way (oral,
dermal, respiratory) by which a pesticide may enter an organism.
(5) “Environment” means water, air, land and plants,
humans, or other animals living therein or thereon, and the interrelationships
existing among them.
(6) For the purpose of pesticide registration as
specified in ORS 634.016, “pesticide product” means a pesticide readily
distinguishable from any other pesticide by its content, registration number
assigned by the United States Environmental Protection Agency, brand name,
trade name, manufacturer, registrant, use as specified in labeling, or other distinction,
but not including size or quantity of package.
(7) “Non-Target Organism” means plant or animal life
other than to which the pesticide is applied or is intended to be applied.
(8) “Regulated Pest” means a specific organism
determined by the Department to be a pest requiring control, or eradication in
order to protect the environment.
(9) For the purposes of ORS 634.006(9)(c), 634.106(7),
634.126(1)(c), OAR 603-057-0001(11), and 603-057-0127, the terms “direct charge
of,” “supervises,” “direct supervision,” or “supervision” means that:
(a) The supervisor of the person applying a pesticide
has determined that the person applying a pesticide has sufficient knowledge
and ability to safely apply the particular pesticide according to its label
directions and any other additional directions;
(b) The person applying a pesticide is applying the
particular pesticide under the instructions of their supervisor; and
(c) The person applying a pesticide is applying the
pesticide in such proximity to their supervisor that such supervisor is
reasonably available for any needed consultation or further direction, even
though such supervisor is not physically present at the time or place of the
pesticide application.
(10) “Immediate Supervision” means supervision by an
appropriately licensed applicator who is:
(a) Located on the pesticide application site at all
times during the application; and
(b) Available at the specific point of pesticide use
within a time period of no more than five minutes.
(11) “Pesticide Apprentice” is a type of pesticide
trainee or a type of public trainee, as those terms are defined in ORS
634.006(14) and (18), that engages in pesticide application activities under
the supervision of a licensed pesticide applicator or a licensed public applicator
as described in OAR 603-057-0127. A pesticide apprentice is limited to the
categories of pesticide application authorized on the applicator license of the
supervisor.
(12) For the purposes of subsection (9) of this rule,
“supervisor” means a person that is responsible for the actions of a person
applying a pesticide.
Stat. Auth.: ORS 561.190 & 634
Stats. Implemented: ORS 634.306
Hist.: AD 7-1977, f. & ef.
4-5-77; AD 7-1980, f. & ef. 9-25-80; AD 17, f. & cert. ef. 11-15-89; AD
12-1992, f. 10-13-92, cert. ef. 1-1-93; DOA 2-2012, f. 1-13-12, cert. ef.
1-1-13
603-057-0100
Operators, Applicators, Dealers,
and Consultants License Fees
The following designated annual fees shall be
applicable to each described license:
(1) Pesticide Operator: $90 including one category; $15
for each additional category; and $20 for each additional category after
license issued.
(2) Pesticide Applicator: $50 including one category;
$7.50 for each additional category; and $12.50 for each additional category
after license issued.
(3) Pesticide Trainee or Apprentice: Same as pesticide
applicators.
(4) Public Applicator, Trainee or Apprentice: Same as
pesticide applicators.
(5) Pesticide Dealer: $75, with a separate license
required for each sales outlet or location.
(6) Pesticide Consultant: $40.
Stat. Auth.: ORS 561 & 634
Stats. Implemented: ORS 634.116,
634.122, 634.126, 634.132 & 634.136
Hist.: AD 1001(15-73), f.
11-20-73, ef. 12-11-73; AD 7-1977, f. & ef. 4-5-77; AD 24-1981, f. &
ef. 12-1-81; DOA 39-2003, f. 10-17-03, cert.ef. 11-15-03; DOA 2-2012, f.
1-13-12, cert. ef. 1-1-13
603-057-0127
Pesticide Apprentice Standards of
Competence
(1) The department may issue a pesticide apprentice
license for one licensing period, or portion thereof. The department may issue
the license to an applicant that is at least 18 years of age upon receipt of:
(a) A license application form that contains all of the
information requested by the department;
(b) Payment of the appropriate fee; and
(c) Documentation that the applicant successfully
completed, within two years of the date of initial application, a written
examination developed and administered by the department for the purpose of
assuring that the applicant is competent in the use of pesticides as a
pesticide apprentice. The content of this examination shall include the topics
listed in OAR 603-057-0129(1)(a) through (e). Successful completion of the
examination shall require answering at least 70 percent of the examination
questions correctly.
(d) A pesticide apprentice license shall expire on
December 31 of the year of issuance, or the following year if issued a license
for two consecutive years.
(2) The department may renew a pesticide apprentice
license for consecutive licensing periods upon receipt of:
(a) A license renewal application form containing all
of the information requested by the department;
(b) Payment of the appropriate fee; and
(c) Documentation that the applicant successfully
completed the required credit hours of pesticide instructional sessions during
the previous licensing period. The department must accredit the instructional
sessions. Eight (8) credit hours are required for each year of a licensing
period. Four (4) of the eight (8) credit hours must be core credits as
described in OAR 603-057-0135. All training requirements may be waived for the
first year of the initial licensing period only.
(3) If a
person licensed as a pesticide apprentice does not deliver the form, fee, and
documentation described in subsection (2) of this rule to consecutively renew
their license, the person will not be eligible to renew their pesticide
apprentice license. The person must retake the qualifying examination as
described in (1)(c) of this section.
(4) A pesticide apprentice license authorizes the
holder to conduct pesticide application activities under the supervision of an
appropriately licensed supervisor. The licensed apprentice may apply pesticides
only in the categories listed on the supervisor’s license. If the supervisor is
a licensed public applicator, the licensed apprentice may only apply pesticides
as described in ORS 634.116(12).
(5) For each pesticide application made by a pesticide
apprentice, a pesticide application record, as required by ORS 634.146 and OAR
603-057-0130, must be made that also contains the names and pesticide license
numbers of the appropriately licensed pesticide apprentice(s) and the
supervisor(s). The employer of the licensed pesticide apprentice shall retain
the record for a period of three years and release them to the department for
inspection as required or authorized by ORS Chapters 561 or 634 or rules
adopted thereunder.
(6) A pesticide apprentice license does not authorize
the holder to conduct pesticide applications by helicopter or fixed wing
aircraft.
(7) For purposes of this section “an appropriately
licensed supervisor” is:
(a) A licensed pesticide applicator, or licensed public
applicator;
(b) Licensed in the category, or categories, in which
the pesticide apprentice is currently engaged.
(8) Any pesticide apprentice conducting pesticide
application activities without a valid appropriately licensed supervisor, or
who is unable to identify their supervisor, will be considered unlicensed and
subject to enforcement actions in accordance to ORS 634.900
Stat. Auth.: ORS 561.190 & 634
Stats. Implemented: ORS 634.306
Hist.: AD 12-1992, f. 10-13-92,
cert. ef. 1-1-93; DOA 2-2012, f. 1-13-12, cert. ef. 1-1-13
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.
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