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ORS 273.553-273.557 SOUTH SLOUGH ESTUARY
SOUTH SLOUGH ESTUARY (http://www.leg.state.or.us/ors/273.html Accessed 2/14/2006)
273.553 South Slough National Estuarine Research Reserve; agreement between Oregon and federal government
273.554 South Slough National Estuarine Research Reserve Management Commission; powers; membership; procedures; expenses
273.556 South Slough National Estuarine Research Reserve Management Account
273.557 Appeal to State Land Board
273.558 Penalties; enforcement; injunctive relief
SOUTH SLOUGH ESTUARY
273.553 South Slough National Estuarine Research Reserve; agreement between Oregon and federal government. (1) It is the policy of the State of Oregon to maintain the South Slough of Coos Bay, from Valino Island southward, inclusive, as a national estuarine research reserve, acquired as the South Slough Estuary Sanctuary pursuant to chapter 415, Oregon Laws 1975, as the first estuarine sanctuary in the United States to be created under Section 312 of the Coastal Zone Management Act of 1972 (P.L. 92-583) and redesignated as the South Slough National Estuarine Research Reserve by federal law (P.L. 99-272). The management policy for the reserve is to:
(a) Maintain the integrity of the estuary;
(b) Protect the estuary from uses and activities, both within and beyond its boundaries, that may alter or affect the ecosystem and its natural dynamic processes; and
(c) Preserve the area for long-term scientific and educational uses.
(2) Responsibility for completing purchase of the South Slough National Estuarine Research Reserve is vested with the Department of State Lands. The department acts for the State of Oregon in any transaction respecting the purchase of acreage for the reserve on or after October 4, 1977.
(3) Except as necessary to achieve the policy set forth in subsection (1) of this section and any standards established in the Coastal Zone Management Act of 1972 (P.L. 92-583) or any rules, regulations or agreements adopted pursuant thereto, the reserve is open to the public. However, to protect the estuarine ecosystems, public use of the reserve may be limited and controlled by the South Slough National Estuarine Research Reserve Management Commission in consultation with any technical management team established pursuant to an agreement between the State of Oregon and the Office of Ocean and Coastal Resource Management of the National Oceanic and Atmospheric Administration of the United States Department of Commerce. The commission shall adopt rules to carry out the intent of this subsection.
(4) The South Slough National Estuarine Research Reserve Management Commission shall administer the reserve, subject to any agreement respecting the reserve between the State of Oregon and the federal Office of Ocean and Coastal Resource Management.
(5) The agency that acquired title to the reserve shall cause title to be cleared in the name of the State of Oregon. [1977 c.496 §1; 2003 c.14 §134]
273.554 South Slough National Estuarine Research Reserve Management Commission; powers; membership; procedures; expenses. (1) For the purpose of providing for the administration of the South Slough National Estuarine Research Reserve in a manner consistent with the provisions of ORS 273.553, there is created the South Slough National Estuarine Research Reserve Management Commission. The commission shall have the authority, in accordance with the policies formulated by the State Land Board, to:
(a) Conduct the day-to-day operation and management of the South Slough National Estuarine Research Reserve with the administrative support of the Department of State Lands;
(b) Appoint a manager and other staff necessary to carry out this section; and
(c) Apply for, receive and expend moneys from the federal government and from this state or any agency thereof for the purpose of carrying out this section.
(2) The commission shall consist of eight members appointed by the Governor as follows:
(a) A representative of common schools in the area of the reserve;
(b) One authorized representative of the Coos County Board of Commissioners;
(c) One authorized representative of the governing body of the Port of Coos Bay;
(d) The Director of the Department of State Lands or a designee thereof;
(e) One authorized representative of the federal Office of Ocean and Coastal Resource Management;
(f) Two representatives with an interest in marine science, one from the University of Oregon Institute of Marine Biology at Charleston and one from Oregon State University; and
(g) One member selected from the general public at large.
(3) The members appointed by the Governor under subsection (2)(a), (f) and (g) of this section shall serve for terms of four years and members appointed under subsection (2)(b) and (c) of this section shall serve for terms of two years. The Director of the Department of State Lands or the designee of the director, if appointed in place of the director, shall serve as the permanent chairperson of the commission. The commission shall select one of its members as vice chairperson. The chairperson and vice chairperson shall have duties and powers necessary for the performance of the functions of such offices as the commission determines. The vice chairperson shall act as the chairperson of the commission in the absence of the chairperson. The vice chairperson shall serve for a term of one year, subject to reelection by the commission.
(4) Each member of the commission shall have one vote, except that the member who is the authorized representative of the federal Office of Ocean and Coastal Resource Management shall be a nonvoting member. A majority of the commission constitutes a quorum for the transaction of business.
(5) Members of the commission are not entitled to compensation, but in the discretion of the State Land Board may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties, subject to laws regulating travel and other expenses of state officers and employees. [1977 c.496 §2; 1983 c.485 §1; 2003 c.14 §135]
273.555 [Formerly 273.210; 1967 c.421 §16; renumbered 273.085]
273.556 South Slough National Estuarine Research Reserve Management Account. (1) The South Slough National Estuarine Research Reserve Management Account is established in the General Fund of the State Treasury. Except for moneys otherwise designated by statute, all moneys received by the South Slough National Estuarine Research Reserve Management Commission shall be paid into the State Treasury and credited to the account. All moneys in the account are appropriated continuously and shall be used by the commission for the purpose of carrying out ORS 273.554.
(2) The commission shall keep a record of all moneys deposited in the account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged. [1977 c.496 §3; 2003 c.14 §136]
273.557 Appeal to State Land Board. (1) Jurisdiction for review of actions and proposed actions of the commission which are claimed to be in violation of any provision of ORS 273.553 or 273.554 is conferred upon the State Land Board. Proceedings for review of such actions may be instituted by filing a request for review with the State Land Board.
(2) The request for review by the State Land Board need only state the action or proposed action of the commission in question and the particular provisions of ORS 273.553 or 273.554 which are violated thereby. Copies of the request for review shall be served by registered or certified mail upon the commission.
(3) The State Land Board may affirm, reverse or modify the action under review and make such other disposition of the matter as it deems necessary to carry out the provisions of ORS 273.553 and 273.554. The State Land Board shall make its decision within 60 days after the date on which the request for review was filed. [1977 c.496 §5]
273.558 Penalties; enforcement; injunctive relief. (1) Violation of a rule adopted under ORS 273.553 (3) is a Class D violation for each day of violation.
(2) In addition to all other remedies, when it appears to the South Slough National Estuarine Research Reserve Management Commission that a person has engaged in, or is engaging in, any act that violates a rule adopted under ORS 273.553 (3), the commission may direct the Attorney General to apply to the court for an injunction restraining the person from violating such rule. [1977 c.496 §4; 1999 c.1051 §169; 2003 c.14 §137]
273.560 [Renumbered 273.305 and then 273.521]
273.561 [1979 c.711 §1; repealed by 1983 c.786 §1]
273.562 [1973 c.532 §2; repealed by 1979 c.711 §10]