justicedao/ipfs_state_laws huggingface dataset:
635-500-1490 Winter Steelhead Policy and objectives for winter steelhead in the North Santiam, South Santiam, and Calapooia subbasins: (1) Policy: Consistent with achieving the desired status for these three populations of winter steelhead identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600), the subbasins shall be managed for production of wild winter steelhead. (a) Winter steelhead shall be managed for natural production. No hatchery-produced winter steelhead shall be released; (b) Native winter steelhead have priority over all other non-native stocks and species. (2) Objectives for the North Santiam subbasin: (a) Achieve the desired status for the North Santiam population of winter steelhead in the North Santiam subbasin identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600); (b) The area above the Big Cliff/Detroit dam complex shall be managed for the production of wild winter steelhead; (c) Increase wild production of winter steelhead throughout North Santiam River subbasin, including re-establishing winter steelhead runs above Detroit Reservoir; (3) Objectives for the South Santiam subbasin: (a) Achieve the desired status for the South Santiam population of winter steelhead in the South Santiam subbasin identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600); (b) The area above Foster dam shall be managed for production of wild winter steelhead; (c) Increase wild production of winter steelhead throughout the South Santiam River subbasin, including re-establishing winter steelhead runs above Foster Reservoir. (4) Objectives for the Calapooia subbasin: (a) Achieve the desired status for the Calapooia population of winter steelhead in the Calapooia subbasin identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600); (b) Increase wild production of winter steelhead throughout the Calapooia River subbasin. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 110-2011, f. & cert. ef. 8-9-11 DFW 72-1998, f. & cert. ef. 8-28-98 FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-1500 Summer Steelhead (1) The following operating principles apply to the Santiam and Calapooia subbasins: (a) Manage hatchery production of summer steelhead in the subbasins consistent with achieving the desired status for winter steelhead and spring Chinook populations identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600). Summer steelhead shall be managed for production and harvest of hatchery fish; (b) Summer steelhead smolts shall be released into streams that have suitable adult holding habitat throughout the summer and where adults will provide optimum recreational opportunity; (c) Summer steelhead in the North Santiam shall be released at or near Minto Hatchery to protect native winter steelhead production in the North Santiam subbasin. No summer steelhead shall be released into Little North Fork Santiam River; (d) Summer steelhead in the South Santiam River shall be confined to releases at South Santiam Hatchery to protect native winter steelhead production in the upper and lower South Santiam; (e) Only smolt-sized fish shall be released to minimize competition with native salmonids; (f) Summer steelhead shall not be released in the Calapooia subbasin. (2) In accordance with these operating principles, it is the objective of the Department to: (a) Continue to maximize harvest of adults in the Santiam subbasins; (b) Minimize the potential impact of summer steelhead on native winter steelhead and trout; (c) The Department shall monitor the run for possible natural production. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 110-2011, f. & cert. ef. 8-9-11 DFW 72-1998, f. & cert. ef. 8-28-98 FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-1510 Coho Salmon The following operating principle applies to the Santiam and Calapooia Subbasins: No further releases of coho salmon shall be made in the Santiam and Calapooia Subbasins. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 History: FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-1530 Fall Chinook Salmon (1) The following operating principle applies to the Santiam and Calapooia Subbasins: Fall chinook salmon shall not be stocked above Stayton on the North Santiam to avoid impacts on native salmonids. (2) In accordance with this operating principle, it is the objective of the Department to: (a) Provide a harvest of fall chinook salmon in ocean and Columbia River fisheries; (b) Provide an annual return of at least 4,000 adults to Mill Creek; (c) Monitor the distribution and abundance of spawning populations; (d) Minimize impacts of fall chinook salmon on native species. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 History: FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-1540 Sockeye Salmon The following operating principle applies to the Santiam and Calapooia Subbasins: No further releases of sockeye salmon shall be made in the Santiam Subbasin. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 History: FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-1550 Trout and Whitefish (1) The following operating principles apply to the Santiam and Calapooia subbasins: (a) Wild trout and whitefish in the Calappooia subbasin and unstocked portions of the Santiam subbasin shall be managed for natural production consistent with the Wild Fish Management Alternative for Trout; (b) Releases of hatchery rainbow trout in the Santiam subbasin shall be confined to the following streams and reaches: (A) RM 0–14.5 of the Breitenbush River; (B) RM 58.5–77 of the North Santiam River; (C) Quartzville Creek. Hatchery trout releases shall be discontinued in Quartzville Creek if winter steelhead are reintroduced above Green Peter Dam. (2) In accordance with these operating principles, it is the objective of the Department to: (a) Maintain the genetic diversity and adaptiveness of trout and whitefish populations; (b) Protect, restore, and enhance trout and whitefish habitat; (c) Provide angling opportunities for trout and whitefish under the Wild Fish Management Alternative for Trout in the following streams and reaches: (A) North and South forks of the Breitenbush River; (B) Humbug and French creeks in the Breitenbush system; (C) Blowout Creek; (D) RM 0–46 of the North Santiam River; (E) Santiam River; (F) Calapooia River and tributaries. (d) Provide additional angler opportunity and recreation by stocking legal-sized hatchery rainbow trout in the following streams and reaches: (A) Breitenbush River; (B) RM 58.5–77 of the North Santiam River; (C) Quartzville Creek. (e) Provide angling opportunities for trout and whitefish in the Santiam and Calapooia subbasins; (f) Maximize the harvest of hatchery rainbow trout; (g) Minimize the potentially negative effects of hatchery rainbow trout on the production and genetic integrity of native trout, whitefish, and winter steelhead. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 72-1998, f. & cert. ef. 8-28-98 Reverted to FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92 DFW 26-1998(Temp), f. & cert. ef. 3-25-98 thru 4-24-98 FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-1560 Warmwater Game Fish (1) The following operating principle applies to the Santiam and Calapooia Subbasins: Management proposals that initiate or expand release programs for warmwater game fish or that alter the distribution of warmwater game fish shall be reviewed and evaluated for potential effects on indigenous fish species. (2) In accordance with this operating principle, it is the objective of the Department to: (a) Maintain populations of warmwater game fishes; (b) Provide angling opportunities for smallmouth bass in Thomas Creek under quality fish management if feasible; (c) Provide additional angling opportunities under quality fish management in the subbasins if feasible, such as for smallmouth bass in Thomas Creek; (d) Provide a diversity of warmwater angling opportunities in remaining running waters of the subbasins through basic yield management; (e) Increase public awareness of warmwater angling opportunities in the subbasins. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 History: FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-1570 Oregon Chub It is the objective of the Department to: (1) Protect and enhance existing populations of Oregon chub in the Santiam subbasin. (2) Establish new populations of Oregon chub in isolated waters in the Santiam subbasin where possible. (3) Promote greater public understanding and appreciation of the status of Oregon chub. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 History: FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-1580 Sand Rollers It is the objective of the Department to: (1) Determine the distribution, relative abundance, and habitat use of sand rollers in the Santiam and Calapooia Subbasins. (2) Protect, restore, and enhance sand rollers habitat. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 History: FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-1590 Crayfish It is the objective of the Department to: (1) Assess the population status and commercial harvest of crayfish in the Santiam and Calapooia Subbasins. (2) Determine the size and importance of the recreational crayfish harvest in the Santiam and Calapooia Subbasins. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 History: FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-1600 Angler Access (1) The following operating principles apply to the Santiam and Calapooia Subbasins: (a) The Department shall seek to provide access for boat and bank angling that will satisfy public need for a variety of angling opportunities and a dispersion of angling effort throughout the subbasin; (b) Acquisition and development of angler access sites shall be consistent with guidelines and objectives for management of fish species and habitat. (2) In accordance with these operating principles, it is the objective of the Department to: (a) Provide and maintain two permanent boat access sites on the mainstem Santiam River, nine permanent sites on the North Santiam River from the mouth up to RM 44, four permanent sites on the South Santiam River from the mouth up to RM 33, and at least one permanent site on the Calapooia River; (b) Increase bank angling access in the subbasin. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 History: FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-1610 Tualatin Subbasin Fish Management — Habitat It is the objective of the Department to: (1) Maintain and improve upstream and downstream passage for anadromous fish at dams, water diversions, other manmade obstacles, existing fishways and, where appropriate, at natural barriers. (2) Protect existing streamflows and water quality from degradation associated with operation of dams, water diversions, effluents, mining, recreation and other in-stream activities. (3) Inventory stream and watershed characteristics that affect fish production. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 History: FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-1620 Winter Steelhead Policy and objectives for winter steelhead in Tualatin subbasin: (1) Policy: Consistent with achieving the desired status for Upper Willamette River winter steelhead DPS identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600), the Tualatin subbasin shall be managed for production of wild winter steelhead. (2) Wild winter steelhead shall be managed for natural production. No hatchery-produced winter steelhead, including STEP fry, shall be released. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 110-2011, f. & cert. ef. 8-9-11 DFW 72-1998, f. & cert. ef. 8-28-98 FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-1630 Coho Salmon The following operating principle applies to coho salmon in the Tualatin subbasin: Maintain natural production of coho salmon in the Tualatin subbasin consistent with achieving the desired status for winter steelhead and spring Chinook populations identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600). Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 110-2011, f. & cert. ef. 8-9-11 FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-1640 Warmwater and Miscellaneous Fish It is the objective of the Department to: (1) Increase utilization of the existing warmwater fisheries in the Tualatin River. (2) If, sensitive, threatened, or endangered nongame fishes are recognized in the Tualatin Subbasin, protection authority granted to the Department shall be used to protect their populations and habitats. (3) Enhance warmwater fisheries in the Tualatin consistent with other species programs and species plans. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 History: FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-1650 Trout (1) The following operating principle applies to the Tualatin Subbasin: No hatchery trout shall be stocked in streams designated for wild trout management. (2) In accordance with this operating principle, it is the objective of the Department to: (a) Maintain the genetic diversity and fitness of existing wild trout populations; (b) Maintain the current trout angling opportunities, mainly a basic yield fishery on naturally produced trout; (c) Inform the public through the media and Department publications of the values of wild trout and the protections needed to sustain wild production. Gain angler and citizen involvement in wild trout enhancement projects. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 History: FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-1660 Angler Access (1) The following operating principle applies to the Tualatin Subbasin: The Department shall seek to provide access to allow the public to enjoy the subbasin’s fish populations, to provide a diversity of angling and viewing opportunities and to encourage a dispersion of angling effort. (2) In accordance with this operating principle, it is the objective of the Department to increase access for bank and boat anglers, to publicly and privately controlled sites. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 506.109, 506.119, 506.129 & 506.720 History: FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
635-500-1661 McKenzie River Basin Operating Policy and Objectives Management policies, objectives, and operating principles for spring Chinook in the Mckenzie River subbasin are under OAR 635-500-0271. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 110-2011, f. & cert. ef. 8-9-11 DFW 16-1998, f. & cert. ef. 3-9-98
635-500-1662 Clackamas River Basin Operating Policy and Objectives Management policies, objectives, and operating principles for spring Chinook in the Clackamas River subbasin are under OAR 635-500-0840. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 110-2011, f. & cert. ef. 8-9-11 DFW 116-2010, f. & cert. ef. 8-10-10 DFW 16-1998, f. & cert. ef. 3-9-98
635-500-1663 Willamette River Basin Above the Mouth of the McKenzie River Operating Policy and Objectives Management policies, objectives, and operating principles for spring Chinook in the area above the mouth of the McKenzie River are under OAR 635-500-1290. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 110-2011, f. & cert. ef. 8-9-11 DFW 16-1998, f. & cert. ef. 3-9-98
635-500-1665 Molalla and Pudding River Basins Fish Management Plan Management policies, objectives, and operating principles for spring Chinook in the Molalla and Pudding River subbasins are under OAR 635-500-1410. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 110-2011, f. & cert. ef. 8-9-11 DFW 16-1998, f. & cert. ef. 3-9-98
635-500-1666 Santiam and Calapooia River Basins Fish Management Plan Management policies, objectives, and operating principles for spring Chinook in the Santiam and Calapooia River subbasins are under OAR 635-500-1520. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 110-2011, f. & cert. ef. 8-9-11 DFW 16-1998, f. & cert. ef. 3-9-98
635-500-1670 Lahontan Subbasins Fish Management — Applicability OAR 635-500-1670 through 635-500-1730 apply to the Lahontan subbasins. The area covered by the plan consists of a series of closed basins in southeastern Harney and southwestern Malheur Counties. It includes streams that drain the eastside of the Steens and Pueblo Mountains and the Trout Creek Mountains (which includes Oregon Canyon Mountain), as well as other streams in Oregon that drain into the Quinn River in Nevada, and lakes and reservoirs managed for fishery resources. Thirteen fish species or stocks are found in the basin, of which eight are indigenous and five have special status. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129 History: FWC 79-1993, f. & cert. ef. 12-20-93
635-500-1680 Organization of Rules Administrative rules for the Lahontan subbasins are organized as follows: (1) OAR 635-500-1700 covers policies and objectives for habitat management in the Lahontan subbasins. (2) OAR 635-500-1710 covers policies and objectives for trout management in the Lahontan subbasins. (3) OAR 635-500-1720 covers policies and objectives for nongame fish management in the Lahontan subbasins. (4) OAR 635-500-1730 covers policies and objectives for angler access in the Lahontan subbasins. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129 History: FWC 79-1993, f. & cert. ef. 12-20-93
635-500-1690 General Priorities (1) The following actions are considered the highest plan priorities in the Lahontan subbasins: (a) Improve and maintain populations of indigenous fishes with special status so that listing is not necessary to insure their continued existence; (b) Provide consumptive fisheries in the basin where appropriate; (c) Improve data gathering and assessment of fisheries and fish habitat in the basin. (2) The following actions are considered the highest priorities for habitat, fish and angler access in the Lahontan subbasins: (a) Develop a priority list to gather baseline habitat information on streams in the plan areas, and coordinate fish population and habitat inventories with grazing allotment evaluations; (b) Coordinate with land management entities (public and private) to identify specific areas of concern and develop cooperative projects to improve riparian habitats; (c) Identify opportunities to improve instream flows; (d) Implement the U.S. Fish and Wildlife Service’s Lahontan cutthroat trout recovery plan; (e) Develop a strategy to deal with illegal introductions of fish into the subbasins and draft a contingency plan for Lahontan cutthroat trout if exotic species are introduced; (f) Develop guidelines for maintaining a healthy, genetically fit brood stock in Mann Lake; (g) Collect information on the distribution, abundance, and population health of nongame species; (h) Pursue coordination with the BLM on any recreational development in the plan area; (i) Maintain and enhance public access opportunities to consumptive fisheries. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129 History: FWC 79-1993, f. & cert. ef. 12-20-93
635-500-1700 Habitat (1) Existing statewide policy, applicable to fish habitat in the Lahontan subbasins, directs the department to strongly advocate and support habitat protection and restoration on private and public land. See OAR 635-007-0523. (2) Management objectives for habitat are: (a) Influence land management decisions to benefit fish habitat; (b) Improve fish habitat to provide food and cover for fish, maintain late season flows, prevent erosion, and ameliorate temperature extremes; (c) Improve water quantity and water quality to meet the biological needs of fish by providing adequate instream flows, reducing fish losses at diversions, and reducing nonpoint source pollution. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129 History: FWC 79-1993, f. & cert. ef. 12-20-93
635-500-1720 Nongame Fish (1) The policy for nongame fish in the Lahontan subbasins is that the following indigenous species and their respective waters shallbe managed to maintain self-sustaining populations: Borax Lake chub in Borax Lake; Alvord chub in the Alvord Lake subbasin, except for Borax Lake; and Lahontan redside, Tahoe sucker, mountain sucker, and speckled dace in the Quinn River subbasin. (2) The objective for nongame fish in the Lahontan subbasins is to improve and maintain population health (e.g., abundance, multiple age classes, and genetic fitness) of all indigenous nongame species in the Alvord Lake and Quinn River subbasins. Statutory/Other Authority: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129 Statutes/Other Implemented: ORS 496.138, 496.146, 496.162, 496.172, 506.109, 506.119 & 506.129 History: FWC 79-1993, f. & cert. ef. 12-20-93