For purposes of this division, the definitions in ORS
390.605 shall apply.
In addition, the following definitions apply, unless the context requires
"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
(3) "Commission" means the
Oregon Parks and Recreation Commission.
(4) "Department" means the Oregon Parks and
"Director" means the director of the Oregon Parks and Recreation
(6) "Domestic animal"
means those animals whose food and shelter are provided by a human
Officer" means a peace officer or park employee specifically designated by the
director under ORS
to investigate observed or reported violations and to issue oral or written
warnings or citations to enforce the ocean shore state recreation area
(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
(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
motorized bicycles, motor scooters, ATVs, OHVs, recreational vehicles, trailers
and other mobile equipment.
"Natural Product" means living and non-living natural products on the ocean
shore, including but not limited to marine plants, minerals, shells, rocks, and
(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
(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
(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
(21) "Park Manager"
means the supervisor or designated employee in charge of an ocean shore state
Officer" means a sheriff, constable, marshal, municipal police officer, member
of the Oregon State Police, and other persons as may be designated by
(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
(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
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
(29) "Wet sand" means the
area seaward of symbolic fencing (roping), signs, or both that are placed on
the dry sand area.