Or. Admin. Code § 635-425-0010

Current through Register Vol. 63, No. 10, October 1, 2024

Section 635-425-0010 - Definitions

For the purposes of OAR 635-425-0000 through 635-425-0050 only:

(1) "Applicant" means any person, partnership, corporation, association, public interest organization, political subdivision, governmental board, agency or commission who files an application pursuant to ORS 590.140 for a permit to use explosives.

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

(3) "District" means the smallest geographic administrative unit of the Department of Fish and Wildlife for the purposes of managing fish and wildlife resources.

(4) "Endangered Species" means:

(a) Any native fish or wildlife species determined by the Fish and Wildlife Commission to be in danger of extinction throughout any significant portion of its range within the state; or

(b) Any native fish or wildlife species listed as an endangered species pursuant to the federal Endangered Species Act of 1973 ( PL 93-205, 16 USC § 1531), as amended.

(5) "Explosives" means any explosive substances, including but not limited to powder, detonating cord, binaries, gels, slurries, dynamites and nitroglycerine.

(6) "Fish and Wildlife" means fish, shellfish, intertidal animals, wild birds, amphibians, reptiles, and wild mammals.

(7) "In-Water Blasting" means the use of explosives on, under, or in waters of this state, or in any location adjacent to the waters of this state where blasting would have an impact on fish and wildlife or their habitat.

(8) "Injury" means any harm to fish or wildlife or their habitat due to in-water blasting activities.

(9) "Major Project" means an in-water blasting project that requires multiple detonations or multiple days, or crosses two or more Department regions or districts. Major projects may include but are not limited to bridge removal, pipeline crossings, or channel deepening.

(10) "Minor Project" means an in-water blasting project that has, in the judgement of the Department, minimal effects and requires a single detonation or single-day blasting, and occurs within a single district. Minor projects may include but are not limited to boulder removal to improve fish passage.

(11) "Practicable" means capable of being done within existing knowledge and technical constraints.

(12) "Region" means one of the four major geographic administrative units of the Department of Fish and Wildlife for the purpose of managing fish and wildlife resources.

(13) "Sensitive Species" refers to fish or wildlife species, subspecies, or populations that are subject to a decline in number of sufficient magnitude to qualify their listing as threatened due to loss in quantity or quality of habitat or other factors.

(14) "Threatened Species" means:

(a) Any native fish or wildlife species the Fish and Wildlife Commission has determined is likely to become an endangered species within the foreseeable future throughout any significant portion of its range within this state; or

(b) Any native fish or wildlife species listed as a threatened species pursuant to the federal Endangered Species Act of 1973 ( PL 93-205, 16 USC § 1531), as amended.

(15) "Waters of This State" means all waters over which the State of Oregon has jurisdiction, or joint or other jurisdiction with any other state or government, including waters of the Pacific Ocean and all bays, inlets, lakes, rivers, and streams within or forming the boundaries of this state.

Or. Admin. Code § 635-425-0010

FWC 134-1991, f. & cert. ef. 11-20-91; DFW 31-2002, f. & cert. ef. 4-16-02

Publications: Publications referenced are available from the agency.

Stat. Auth.: ORS 496.012, ORS 496.138, ORS 496.146, ORS 506.109, ORS 506.119 & ORS 509.140

Stats. Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 506.109, ORS 506.119 & ORS 509.140