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PARKS AND RECREATION DEPARTMENT

 

DIVISION 21

GENERAL OCEAN SHORE STATE RECREATION AREA RULES

736-021-0010

Scope of Rules

This division governs the use of the ocean shore state recreation area, which consists of the land lying between extreme low tide of the Pacific Ocean and the statutory vegetation line as described by ORS 390.770 or the line of established upland shore vegetation, whichever is farther inland. This division does not govern activities or uses in the sub-tidal zone, which extends below extreme low tide, or in an estuary as defined in ORS 196.800.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94; PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13

736-021-0020

Statutory Authority

This division is adopted pursuant to:

(1) ORS 390.050, which authorizes the director and the director's designees to enforce park and ocean shore state recreation area rules by citation authority; and

(2) ORS 390.635 and 390.660, which grant the Oregon State Parks and Recreation Commission the following:

(a) Complete jurisdiction and authority to administer as state recreation areas, all ocean shore areas owned by the state and all other public easements or other rights of access that the state holds on the ocean shore;

(b) Authority to protect and maintain such areas in a manner that will contribute to the general welfare of the public and the natural and cultural resources thereon; and

(c) Authority to make regulations and provisions as it deems necessary for the use and administration of such areas.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.124, 390.635 & 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94; PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13

736-021-0030

Definitions

For purposes of this division, the definitions in ORS 358.905 and ORS 390.605 shall apply. In addition, the following definitions apply, unless the context requires otherwise:

(1) “ATV” means All-Terrain Vehicle as described and defined in OAR 736-004-0015. ATV may also be referred to interchangeably as Off-Highway Vehicle (OHV).

(2) “Cobble” means a rock fragment between about 2.5 inches and 10.2 inches wide, especially one that has been naturally rounded.

(3) "Commission" means the Oregon Parks and Recreation Commission.

(4) "Department" means the Oregon Parks and Recreation Department.

(5) “Director” means the director of the Oregon Parks and Recreation Department.

(6) “Domestic animal” means those animals whose food and shelter are provided by a human custodian.

(7) "Enforcement Officer" means a peace officer or park employee specifically designated by the director under ORS 390.050 to investigate observed or reported violations and to issue oral or written warnings or citations to enforce the ocean shore state recreation area rules.

(8) “Habitat Conservation Plan for Western (Coastal) Snowy Plovers” is a multi-agency, multi-jurisdictional recovery effort for the Western Snowy Plover. The full text of the “Habitat Conservation Plan for Western (Coastal) Snowy Plovers” is available from the State Parks and Recreation Department.

(9) “Handler” means a person who brings a domestic animal onto the ocean shore state recreation area.

(10) “Holdfast” means the part of a seaweed by which it fastens to the surface on which it grows.

(11) “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 in it. A marine protected area is an area established by the State Land Board and identified in OAR chapter 141, division 142.

(12) “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. A marine reserve is an area established by the State Land Board and identified in OAR chapter 141, division 142.

(13) “Motorized vehicle or device” means any self-propelled means moving on wheels, runners, tracks or the like by which a person could travel or carry something, whether or not designed exclusively to transport or typically used on roads. This definition includes but is not limited to a motor vehicle as defined in ORS 825.005(6), motorized bicycles, motor scooters, ATVs, OHVs, recreational vehicles, trailers and other mobile equipment.

(14) “Natural Product” means living and non-living natural products on the ocean shore, including but not limited to marine plants, minerals, shells, rocks, and sand.

(15) “Non-Traditional Park Use” means any organized activity, gathering or use conducted in whole or in part within the boundaries of the ocean shore state recreational area, that is not a recreational use allowed by the posted park regulations or permitted under the provisions of this rule or divisions 10, 15 and 20 and which requires a special use permit under division 16.

(16) “Occupied site” means a department-owned or leased area, a privately or locally-owned area or an area adjacent to federal lands that has at least one nest or nesting attempt as identified by the department at the beginning of each western snowy plover nesting season in accordance with the Habitat Conservation Plan for Western (Coastal) Snowy Plover.

(17) "Ocean shore state recreation area" means the land lying between extreme low tide of the Pacific Ocean and the statutory vegetation line or the line of established upland vegetation, whichever is farther inland, under the jurisdiction of the department that is used by the public for recreational purposes per ORS 390.605 (2) and (3).

(18) "Ocean shore resources" means any natural or human-made property, material, product, feature or structure in the ocean shore state recreation area.

(19) “OHV” means Off Highway Vehicle, also called ATV, see definition (1).

(20) "Park Employee" means an employee of the department.

(21) “Park Manager" means the supervisor or designated employee in charge of an ocean shore state recreation area.

(22) “Peace Officer” means a sheriff, constable, marshal, municipal police officer, member of the Oregon State Police, and other persons as may be designated by law.

(23) “Person” includes an individual, a public or private corporation, an unincorporated association, a partnership, a government or a governmental unit, or a non-profit entity.

(24) “Personal Use” means use that is directly by the individual for purposes other than monetary reward and not involving sale, barter, resale, or exchange of money.

(25) “Territorial Sea” as defined in ORS 196.405(5) means the waters and seabed extending three geographical miles seaward from the coastline in conformance with federal law.

(26) “Unoccupied sites” means actively managed department-owned or leased areas, privately or locally-owned areas or areas adjacent to federal lands that have been identified as potential nesting sites for western snowy plovers in concurrence with the Habitat Conservation Plan for Western (Coastal) Snowy Plover.

(27) "Upland" means the land lying shoreward or generally easterly of the ocean shore state recreation area.

(28) “Violate” includes failure to comply.

(29) “Wet sand” means the area seaward of symbolic fencing (roping), signs, or both that are placed on the dry sand area.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.124, 390.635 & 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94; PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13

736-021-0040

General Regulations

(1) The director, by written agreement, may cooperatively exercise jurisdiction and authority over the ocean shore state recreation area with a county, city, or political subdivision thereof for the purposes of enforcing this division and applicable state, county or city laws. Local government regulations pertaining to the ocean shore state recreation area are provided in division 30.

(2) A park employee may seek compliance from the public with any ocean shore state recreation area rules. (A person may not obstruct, harass or interfere with a park employee’s official duties, including enforcing ocean shore state recreation area rules.

(3) A park manager or designated park employee may order any person who violates any ocean shore state recreation area rule to leave an ocean shore area.

(4) A park manager or an enforcement officer may exclude a person who violates any ocean shore state recreation area rule from the ocean shore area for a specified period of time.

(5) A peace officer, pursuant to a written agreement with the department, may seek compliance from the public with any ocean shore state recreation area rule and may order a person who violates one or more rules to leave the ocean shore area.

(6) A peace officer, pursuant to a written agreement with the department, may exclude a person who violates one or more of the following from an ocean shore state recreation area for a specified period of time:

(a) Ocean shore state recreation area rule;

(b) Federal, state, county, or city law; or

(c) Court order.

(7) The department may take action to protect ocean shore resources, to protect public health and safety, to provide security, to avoid user conflicts, or for other reasons deemed necessary. These actions include but are not limited to the following:

(a) Allowing by permit or limiting specific activities or uses in designated portions of the ocean shore state recreation area;

(b) Designating locations within the ocean shore state recreation area for specific uses, to avoid conflicts between users;

(c) Restricting access to or closing all or a portion of the ocean shore state recreation area; or

(d) Temporarily excluding a person from a portion or all ocean shore state recreation area.

(8) A person excluded from the ocean shore state recreation area under sections (4), (6) or (7) may contest the exclusion notice by filing a written appeal within seven business days of the exclusion date. The person excluded must submit the appeal to the department district manager responsible for the ocean shore state recreation area where the notice of exclusion was issued.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.124, 390.635 & 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94; PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13

736-021-0050

Fines

(1) A person that violates any ocean shore state recreation area rule commits a Class A B, C or D violation punishable, upon conviction, by a fine as provided in ORS chapter 153.

(2) Each occurrence of an ocean shore state recreation area rule violation is considered a separate offense.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.050 & 390.124
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94; PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13

736-021-0060

Motor Vehicles and Other Motorized Devices

General Provision:

(1) A person operating a motorized vehicle or device on the ocean shore state recreation area must”

(a) Observe all posted signs, including signs that prohibit the operation of motorized vehicles or devices; and

(b) Restrict speed and manner of operation to reasonable and prudent practice, considering the terrain, prevailing conditions, equipment, personal capabilities, personal safety and the safety of all other ocean shore state recreation area users, natural resources, and wildlife.

(2) A person operating a motorized vehicle or device on the ocean shore state recreation area may not:

(a) Disturb or harass wildlife or other natural resources, or

(b) Block access, use, or the safe and uninterrupted passage of others on the ocean shore state recreation area.

Motor Vehicle Provisions:

(3) A person may not use a motor vehicle as defined in ORS 825.005(6) on any area of the ocean shore state recreation area unless the department had posted the area as open. A person may use a motor vehicle on a closed area only pursuant to a permit issued by the department.

(4) On an area of the ocean shore state recreation area that the department has posted as open to motor vehicle use, a person may only operate a motor vehicle that is registered to operate on public highways and roads.

(5) On the ocean shore state recreation area fronting the Oregon Dunes National Recreation Area and Sand Lake Recreation Area, a person may use an ATV or OHV provided that the vehicles is equipped with at least the minimum safety equipment as specified in OAR 735-116-0000.

(6) A person may not operate a Class I ATV on the ocean shore state recreation area, except:

(a) If the person obtains an Ocean Shores ATV Operating Permit from the department as provided in OAR 736-004-0062.

(b) On the ocean shore state recreation area fronting the Oregon Dunes National Recreation Area and Sand Lake Recreation Area. A person may operate a Class I ATV registered in a state other than Oregon under this subsection.

(7) Unless otherwise posted, a person may not operate motorized vehicles or devices within the ocean shore state recreation area at speeds in excess of 25 mph in open sections and 10 mph in closed sections.

(8) A person operating a motorized vehicle or device must comply with regulatory signs in the ocean shore state recreation area. All provisions of motor vehicle laws of the State of Oregon are applicable and enforceable.

(9) The department may have a motorized vehicle or device towed at the owner’s expense if left unattended for more than 24 hours or immediately if it meets one or more of the following criteria:

(a) Blocks or restricts a beach access,

(b) Is owned by a person who has been excluded or who is in violation of criminal trespass, or

(c) Poses harm to the beach environment or ocean shore resources, creates a hazard to humans or wildlife, is a nuisance or may become a navigational hazard if washed out to sea.

(10) Vehicle operators must have a valid driver's license in their possession, except at ocean shore state recreation area adjacent to Oregon Dunes National Recreation Area and Sand Lake Recreation Area that are open to ATV use.

(11) A person whose driving privilege has been suspended or revoked may not operate any vehicle on the ocean shore recreation area, including at ocean shore state recreation areas adjacent to the Oregon Dunes National Recreation Area and at Sand Lake Recreation Area.

(12) A person may not use any vehicle in western snowy plover-management areas as provided in OAR 736-021-0090.

ATV-Specific Provisions:

(13) A person operating an ATV on designated portions of the ocean shore state recreation area under this rule must comply with the following equipment requirements:

(a) Flag: All vehicles must display a highly visible red or orange flag when on the sand.

(A) The flag must be displayed vertically and be at least nine feet from the ground level when the vehicle is under power; and

(B) The flag dimensions must be at minimum 8 inches wide and 12 inches long.

(b) Helmet: Operators and passengers younger than 18-years-old in a Class I, III or IV ATV must wear a Department of Transportation-approved helmet with the chin strap fastened while operating an ATV. In addition, operators and passengers younger than 18 years of age must also wear a Department of Transportation-approved helmet with the chin strap fastened while operating a Class II nonregistered vehicle.

(c) Fuel tank: All fuel tanks must meet the following requirements:

(A) Must be securely mounted;

(B) Must be properly constructed of industrial material for carrying fuel;

(C) All connections must be secure and tight; and

(D) All mechanical fluids and fuel must be securely contained to ensure no leakages that may affect the ocean shore state recreation area.

(d) Muffler: All vehicles must be equipped with a muffler that conforms to the current noise level and defect standards of the Department of Environmental Quality for vehicles operated off road.

(14) A person operating an ATV on designated portions of the ocean shore state recreation area is subject to the following conditions:

(a) ATV Operator Permit: Operators of Class I, III and IV ATVs must obtain an ATV Safety Education Card, also known as an ATV operator permit, according to OAR 736-004-0085 and comply with all the provisions in OAR 736-004-0085.

(A) The department shall honor an ATV permit issued by another state, as detailed in OAR 736-004-0070.

(B) A temporary ATV Safety Education Card is valid for operation on the ocean shore state recreation area if the operator meets the provisions of OAR 736-004-0095.

(C) These rules apply to all ATV operators, regardless of state of residence.

(D) Only persons with disabilities and park employees, emergency personnel or natural resources workers on official duty that have obtained an Ocean Shores ATV Operating Permit from the department may operate a Class I ATV on the ocean shore state recreation area.

(b) Placement of ATV Permit: A person must display his or her ATV operating permits as provided in OAR 736-004-0065.

(c) Rider Fit: ATV operators younger than 16 years of age must meet the rider-fit criteria established in OAR 736-004-0115

Other Vehicle Provisions:

(15) A person may take off or land on the ocean shore in a powered aircraft, airborne vehicle or other aircraft:

(a) In an emergency, or

(b) As authorized in a special-use permit from the department as provided in OAR 736-016.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.668 & 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94; PR 12-1996, f. 12-23-96, cert. ef. 12-26-96; PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13

736-021-0065

Non-Motorized Vehicles, Cycles, Unpowered Aircraft, Sails and Other Similar Devices

(1) A person may operate a bicycle, skateboard, scooter, rollerblades or inline skate, or other wheeled, operator-propelled equipment that transports the operator on land, as provided in section (3).

(2) A person may operate a wind-powered aircraft or vehicle, such as a land sail, kite-buggy or other similar items on the ocean shore state recreation area as provided in section (3).

(3) A person operating any vehicle described in sections (1) or (2) on the ocean shore state recreation area must:

(a) Observe all posted signs, including the signs that restrict the operation of such vehicles, aircrafts and devices, and

(b) Restrict speed and manner of operation to reasonable and prudent practice considering the terrain, prevailing conditions, equipment, personal capabilities, personal safety and the safety of all other ocean shore state recreation area users, natural resources, and wildlife.

(4) A person operating any vehicle described in sections (1) or (2) on the ocean shore state recreation area may not:

(a) Disturb or harass wildlife or other natural resources as provided in OAR 736-021-0090; or

(b) Block access, use, or the safe and uninterrupted passage of others on the ocean shore state recreation area.

Stat. Auth.: ORS 390
Stats. Implemented: ORS 390
Hist.: PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13

736-021-0070

Pets and Other Animals

(1) Domestic animals, including saddle or pack animals, are allowed in the ocean shore state recreation area except as provided in OAR 736-021-0090, 736-030-0005, 736-030-0010, and as otherwise posted by the department.

(2) The handler of any domestic animal must be responsible for the animal's behavior and must exercise direct control over the animal while in the ocean shore state recreation area.

(a) “Direct control” means that the animal is within the unobstructed sight of the handler and responds to voice commands or other methods of control.

(b) Domestic animal handlers must carry a leash or restraining device at all times while in the ocean shore state recreation area.

(c) Domestic animal handlers must promptly leash animals at the request or order of a park employee.

(d) Handlers must prevent their animals from harassing people, wildlife and other domestic animals.

(e) Animals may not be hitched or confined in a manner that may cause damage to any natural resources on the ocean shore.

(f) Handlers are responsible for the removal of the animal's waste while in the ocean shore state recreation area.

(3) A park manager, ocean shore natural resource specialist or designated park employee may take any necessary measures to protect ocean shore resources and prevent an animal from interfering with the safety, comfort and well-being of visitors. Such measures may include removing the animal from the area.

(4) The department may seize any animal running at large in the ocean shore state recreation area and relinquish the animal to an animal control officer or shelter.

(5) A person may bring animals native to the ocean shore state recreation area for release as part of wildlife rehabilitation efforts pursuant to a valid Wildlife Rehabilitation Permit under ORS 635-044-0200 to 635-044-0310.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.635 & 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94; PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13

736-021-0080

Livestock and Farming

(1) A person may not harass livestock or interfere with lawfully permitted farming activities or facilities, including fencing.

(2) A person may not conduct non-permitted farming activities on the ocean shore state recreation area.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.635 & 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94; PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13

736-021-0090

Cultural, Historic, Natural and Wildlife Resources

(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 persons 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, 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 or a department-issued Special Tribal Use Permit.

Removal for Personal Use:

(4) 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 in marine reserves, marine protected areas, marine gardens, intertidal research reserves, and wildlife or habitat refuges.

(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.

Removal for Commercial Use:

(7) 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.

Other Collecting Activities:

(8) 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.

Additional Rules for Natural Resource Protection:

(12) 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.

Rules for Western Snowy Plover Management Areas:

(15) 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.

Stat. Auth.: ORS 390.124, 390.660 & 390.725
Stats. Implemented: ORS 164.775, 358.920, 390.635 & 390.660 & 390.725
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94; PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13

736-021-0100

Visitor Conduct

(1) A person may not mutilate, deface, damage, or remove any property, structure or facility of any kind in the ocean shore state recreation area, except as provided in OAR 736-021-0090.

(2) A person may not leave any material not found naturally on the ocean shore, including garbage, recyclables, sewage, or waste, on the ocean shore state recreation area.

(3) A person may not engage in the following activities on the ocean shore state recreation area:

(a) Possessing or using alcoholic beverage(s) if the person is under 21 years of age;

(b) Fighting or promoting, instigating or encouraging fighting or similar violent conduct that would threaten the physical well-being of any person;

(c) Activities or conduct that constitutes a public nuisance or hazard; or

(d) Public indecency as defined in ORS 163.465;

(4) A person may only engage in the following activities on the ocean shore state recreation area as authorized in a special use permit that they obtain from the department pursuant to OAR chapter 736, division 16 or written permission from the park manager:

(a) Use or operation of any noise or light-producing machine, vehicle, device or instrument in a manner that may disturb persons or wildlife;

(b) Possessing, discharging, or causing to be discharged, any firecracker, explosives, torpedoes, rockets, or fireworks or other substances;

(c) Using a metal detector or similar device in any property not listed on the “Detecting Allowed” list, published on the department website;

(d) Blocking, obstructing or interfering with pedestrian or vehicular traffic;

(e) Descending, scaling or technical rock climbing on rock formations and cliffs;

(f) Entering or occupying any portion of the ocean shore state recreation area that has been closed to public access, including fenced areas; and

(g) Constructing a structure or sign.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.635, 390.655 & 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94; PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13

736-021-0120

Fires

(1) A person may have a recreational beach fire in the ocean shore state recreation area under the following conditions:

(a) Fires are no larger than three feet by three feet by three feet in dimension. A person may apply for a special use permit under division 16 for larger fires.

(b) Fires must be located as follows:

(A) In the open sand area;

(B) Downwind of any shoreline vegetation and small wood debris or log accumulations;

(C) Never in dunes, small wood debris or beach log accumulations; and

(D) A minimum of 25 feet away from beach access points, shoreline vegetation, log accumulations and seawalls constructed of wood or other combustible material.

(c) Fires must not be left unattended;

(d) Fires must not cause damage to facilities or natural resources;

(e) Fires may not be covered with sand; and

(f) Fires must be extinguished completely with water and be broken apart before its users leave the area.

(2) A person may only burn paper products and untreated natural wood free of attached metal, nails, glass or plastic objects. A person may not use gasoline, diesel or any other petroleum-based products to start a fire.

(3) Notwithstanding section (1), the department may restrict fires to individual beach areas, or temporarily prohibit fires due to high fire hazard conditions.

(4) Beach fires are prohibited in western snowy plover-management areas as provided in OAR 736-021-0090.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.124 & 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94; PR 3-1997, f. 11-5-97, cert. ef. 11-10-97; PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13

736-021-0130

Commercial Activities and Non-Traditional Activities

(1) A person may only engage in a commercial activity or non-traditional park use on the ocean shore state recreation area as authorized in a special use permit that they obtain from the department pursuant to OAR chapter 736, division 16.

(2) A person must obtain a special use permit from the department for any activity or use as described in OAR 736-016-0005(1), including but not limited to an activity or use within the ocean shore state recreation area that:

(a) Is an organized group activity or event attended by over 50 persons;

(b) Uses a portion of the ocean shore state recreation area to the exclusion of other persons or the department;

(c) Modifies or embellishes the natural ocean shore state recreation area, or places structures, such as tents, chairs, arches, etc. on the ocean shore state recreation area in a manner outside of normal recreational use, as determined by the department;

(d) Uses public-address, amplification or lighting systems, other than those designed for personal use;

(e) Charges money for participation or admission, or they sell products or services;

(f) Could disturb the natural, cultural, scenic and recreational resources in the ocean shore state recreation area or adjacent areas;

(g) Could pose a safety or access concern for other ocean shore state recreation area users or for those involved in the event or activity.

(3) A person who obtains a special use permit under OAR 736, division 16 must comply with all the provisions of division 16, special use permit conditions, and with instructions from the department.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.635 & 390.660
Hist.: PR 9-1984, f. & ef. 12-12-84; PR 8-1992, f. & cert. ef. 11-12-92; Renumbered from 736-020-0033; PR 9-1994, f. 11-29-94, cert. ef. 12-1-94; Renumbered from 736-021-0000; PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13

736-021-0140

Signs and Promotional Materials

Unless the department authorizes a person to do so within the ocean shore state recreation area under a special use permit as provided in OAR chapter 736, division 16, a person may not place or distribute:

(1) Any sign, marker, advertisement, or inscription with the sole purpose of advertising a business or soliciting customers;

(2) Any circulars, notices, leaflets, pamphlets, written or printed information, promotional materials, products or other similar items of any kind.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.635 & 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94; PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13

736-021-0150

Lost Articles

(1) Under ORS 164.065 and 98.005,a person who finds money or goods with a perceived value of $100 or more at the ocean shore state recreation area must try to find the property’s rightful owner in one of the following ways:

(a) By directly following the provisions established in ORS 98.005; or

(b) By giving the found property to the department within 10 days of finding it, along with the details of the time and place the property was found.

(2) A person who finds money or goods valued at less than $100 in the ocean shore recreation may give the property to the department.

(3) Sections (1) and (2) apply to items found by using metal detectors but not to minerals discovered through recreational prospecting.

(4) The department may dispose of unclaimed items in the department’s custody in as early as 90 days.

(5) The department must have and follow a property disposition process that complies with applicable state laws and ethics standards.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.124, 390.635 & 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94; PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13

736-021-0160

Additional Rules

Additional administrative rules may apply to the ocean shore state recreation area, including but not limited to OAR chapter 736, divisions 4, 20, 22, 30 and 80.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.635 & 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94; PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13

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