(2) Not later than the 90th day after publication of the notice referred to in subsection (1) of this section, and upon finding that the notice complied with the requirements of subsection (1) of this section, the State Department of Agriculture may grant to the applicant the area applied for if the area is known to be available and if the department has classified the area as suitable for oyster cultivation.
(3) If the application referred to in this section is denied, the department shall provide the applicant with a written statement explaining the reason for the denial.
(4) Any person who holds an oyster plantation claim or plat that was in effect on June 1, 1997, may submit to the department an application to cultivate clams or mussels on not more than 20 percent of the lands subject to the claim or plat, but not less than one acre. Any such application must be in compliance with ORS 622.230 (1) and (2) and be accompanied by a fee of $250 for each such claim or plantation. [Formerly 509.431; 1997 c.249 §189; 1997 c.375 §4; 2005 c.22 §438]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Section 622.010 - Definitions.
Section 622.015 - Shellfish policy.
Section 622.050 - Application for certificate; inspections; expiration and renewal; rules.
Section 622.065 - Denial, suspension and revocation of certificate; procedure.
Section 622.080 - Certificate fees; rules.
Section 622.160 - Signed statement to be attached to shellfish consignment.
Section 622.180 - Powers of department; rules; inspections; samples; condemnation.
Section 622.220 - Jurisdiction; rules; violations.
Section 622.230 - Conversion of plantations to plats; fees.
Section 622.243 - Water quality pilot project.
Section 622.246 - Purpose of water quality monitoring and analysis.
Section 622.248 - Preapplication conferences.
Section 622.250 - Application for new plats; fee; notice.
Section 622.270 - Reports of cultivators.
Section 622.280 - Withdrawal of unproductive lands.
Section 622.290 - Annual fees and taxes; rules.
Section 622.340 - Transfer by reference to filed plat; fee.
Section 622.996 - Civil penalties; rules; hearing; disposition of moneys.