Or. Admin. Code § 635-410-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 635-410-0010 - Definitions

For the purposes of OAR 635-410-0000 through 635-410-0035:

(1) "Affected area" means the area or areas in which natural resources have been directly or indirectly affected.

(2) "Damages" means the amount of money sought by the Department in a court of competent jurisdiction for the value of fish and wildlife injured or destroyed, and for the cost of restoring fish and wildlife production, including habitat restoration.

(3) "Department" means the Oregon Department of Fish and Wildlife.

(4) "Fish and wildlife" means all fish, shellfish, intertidal animals, wild birds, amphibians, reptiles and wild mammals.

(5) "Fish kill" means injury or destruction of fish or their productivity, regardless of cause.

(6) "Natural resources" means land, fish, wildlife, biota, air or water.

(7) "Natural resource losses" means any injury or destruction of fish, wildlife or their habitat, when caused by pollution or violation of the condition of any permit.

(8) "Net economic value" means the sum of all net values for products and services associated with recreational and commercial uses of the affected natural resources, such as consumer surpluses and producer surpluses, plus the sum of all nonuse (or preservation) values, such as option and existence values.

(9) "Pollution" means any such alteration of the physical, chemical or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, silt or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state which will or tends to, either by itself or in connection with any other substance, create a public nuisance, or which will or tends to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wildlife, fish or other aquatic life or the habitat thereof.

Or. Admin. Code § 635-410-0010

FWC 126-1991, f. 10-23-91, cert. ef. 11-1-91; DFW 10-1998, f. & cert. ef. 2-5-98

Stat. Auth.: ORS 468B.060, ORS 496.138, ORS 496.146, ORS 496.750, ORS 506.119 & ORS 506.720

Stats. Implemented: ORS 468B.060, ORS 496.138, ORS 496.146, ORS 496.750, ORS 506.119 & ORS 506.720