Oregon Administrative Rules Chapter 646 - DEPARTMENT OF AGRICULTURE, OREGON SALMON COMMISSION
Oregon Administrative Rules Chapter 646 – Department of Agriculture, Oregon Salmon Commission
Overview
OAR Chapter 646 governs the Oregon Salmon Commission (OSC), which operates under the Oregon Department of Agriculture. The Commission’s purpose is to promote the interests of the Oregon salmon industry, including salmon fishermen, processors, and related businesses.
The Commission is empowered to collect assessments (fees) on salmon sales, oversee marketing and research programs, and support industry sustainability and economic development.
Statutory Authority
The Oregon Salmon Commission is authorized by ORS Chapter 619, specifically:
ORS 619.010 to 619.230: Establishes the Commission, its powers, and duties.
The statute authorizes the Commission to impose assessments on salmon producers and processors.
It empowers the Commission to use collected funds for promotion, research, and industry support.
OAR Chapter 646 provides administrative rules for implementing the statutory framework.
Key Functions of the Oregon Salmon Commission Under OAR Chapter 646
1. Assessment and Collection of Fees
The Commission levies fees on salmon producers and processors based on volume or value of salmon sold.
These fees fund marketing campaigns, research, and regulatory compliance efforts.
The rules define assessment rates, billing procedures, and deadlines.
2. Marketing and Promotion
The Commission develops statewide marketing programs to promote Oregon salmon in national and international markets.
Rules cover approval of promotional materials and use of funds.
Emphasis on sustainable fishing practices in marketing to enhance brand reputation.
3. Research and Development
Funds are allocated for research on salmon biology, sustainable harvesting, disease control, and environmental impact.
The Commission may contract with universities or agencies to conduct scientific studies.
4. Reporting and Accountability
Salmon producers and processors must report harvest volumes and sales accurately.
The Commission conducts audits and enforces compliance with assessment rules.
Annual financial reports and audits are prepared to maintain transparency.
5. Governance
The Commission is governed by a board appointed by the Governor.
Board members include representatives from salmon fishermen, processors, and related stakeholders.
Rules govern meetings, voting procedures, and conflicts of interest.
Important Provisions of OAR Chapter 646
Assessment Rates: Clear rules on how fees are calculated and adjusted.
Collection Procedures: Deadlines for payment, penalties for late payment.
Use of Funds: Only for approved marketing, research, and administrative costs.
Enforcement: Penalties for non-compliance include fines and restrictions on participation in industry programs.
Public Meetings: Requirements for transparency and public participation in Commission meetings.
Relevant Legal Principles
1. Delegation of Authority
The Oregon legislature delegates authority to the Oregon Salmon Commission to regulate industry practices, including fee collection and use of funds. This delegation must be exercised within statutory limits and subject to administrative law principles of fairness and reasonableness.
2. Due Process
Entities subject to assessments have rights to notice, explanation of fees, and opportunities to contest assessments before penalties are imposed.
3. Public Accountability
Because the Commission operates using fees collected from private industry members, it must maintain transparency in finances and decision-making, consistent with Oregon’s open meetings and public records laws.
Case Law Related to Oregon Salmon Commission or Similar Industry Commissions
While specific Oregon appellate cases directly involving the Oregon Salmon Commission may be limited, principles from Oregon administrative law and similar regulatory bodies provide guidance.
1. State ex rel. Miller v. Public Utility Commission, 276 Or. 713 (1976)
Issue: The extent of administrative agency authority to impose fees and regulations on regulated industries.
Holding: The Oregon Supreme Court held that agencies must act within statutory authority and provide due process in enforcement.
Significance: Applies to the Oregon Salmon Commission’s fee assessments and enforcement powers.
2. Oregon Farm Bureau Federation v. Oregon Dept. of Agriculture, 204 Or. App. 48 (2006)
Issue: Challenges to administrative rules regarding agricultural commodity commissions.
Holding: The court emphasized the importance of compliance with procedural requirements for rulemaking and fair assessment.
Significance: Reinforces that commodity commissions like the Oregon Salmon Commission must follow transparent and fair administrative procedures.
3. Rodriguez v. Oregon Liquor Control Commission, 351 Or. 19 (2011)
Issue: Due process in administrative enforcement and penalty assessment.
Holding: Agencies must provide adequate notice and a meaningful opportunity to contest penalties.
Significance: Relevant to the Commission’s enforcement of penalties for non-payment of assessments.
Practical Impact of OAR Chapter 646
Salmon Producers and Processors: Must comply with fee assessment rules, timely payments, and reporting obligations.
Industry Promotion: Benefit from coordinated marketing efforts enhancing Oregon salmon’s market share.
Sustainability: Funding for research supports sustainable practices critical to the long-term viability of the salmon industry.
Governance and Transparency: Commission meetings and financial reports must be open and accessible to stakeholders and the public.
Summary Table
| Topic | Key Rule/Provision | Legal Principle/Case Law Example |
|---|---|---|
| Assessment Fees | Calculation, collection, penalties | State ex rel. Miller v. PUC (1976) |
| Marketing & Promotion | Use of funds for statewide campaigns | Statutory authority under ORS Chapter 619 |
| Research Funding | Allocation for scientific studies | Administrative fairness principles |
| Reporting & Compliance | Mandatory reporting and audits | Oregon Farm Bureau Federation v. ODA (2006) |
| Enforcement | Penalties for non-compliance | Rodriguez v. OLCC (2011) |
Conclusion
OAR Chapter 646 provides the framework for the Oregon Salmon Commission to support and regulate Oregon’s salmon industry effectively. The rules ensure a fair, transparent, and accountable process for assessing fees, promoting industry interests, and funding research. Case law supports the principles of delegated authority, due process, and procedural fairness in the Commission’s operations.
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