justicedao/ipfs_state_laws huggingface dataset:
635-500-1730 Angler Access (1) The policy for angler access development in the Lahontan subbasins is to give full consideration to sensitive and special status species and their habitat. (2) The objectives for angler access are: (a) Maintain limited access to areas where special status species or their habitat may be affected; (b) Define a strategy for public access in the Wildhorse Creek drainage; (c) Maintain road access to BLM reservoirs with fisheries 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
635-500-1800 Crooked and Metolius Rivers Subbasins Fish Management — Applicability OAR 635-500-1800 through 635-500-1940 apply to the Crooked and Metolius Subbasins of the Deschutes River. These two rivers and their associated tributaries are located on the east side of the Cascade Mountains in central Oregon, primarily in Jefferson, Deschutes, and Crook Counties, although outlying waters are also located in Klamath, Wheeler, Grant, and Harney Counties. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129 History: FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96
635-500-1810 Organization of Rules Administrative rules for the Crooked and Metolius subbasins reflect policies and objectives and are organized as follows: (1) OAR 635-500-1820 public access, habitat, and fish management in the Metolius River and its tributaries. (2) OAR 635-500-1830 fish management in Blue and Suttle Lakes in the Metolius subbasin. (3) OAR 635-500-1840 fish management in the twenty-one Cascade Mountain Lakes in the Metolius subbasin. (4) OAR 635-500-1850 habitat management and the restoration of anadromous fish in the Crooked River subbasin. (5) OAR 635-500-1860 public access and fish management in the Crooked River and its tributaries above Prineville Reservoir. (6) OAR 635-500-1870 habitat improvement and fish management in the Crooked River and its tributaries below Prineville Reservoir. (7) OAR 635-500-1880 public access and fish management in Willow Creek. (8) OAR 635-500-1890 public access and fish management in Prineville Reservoir. (9) OAR 635-500-1900 public access, habitat improvement, and fish management in Ochoco Reservoir. (10) OAR 635-500-1910 public access and fish management in Haystack Reservoir. (11) OAR 635-500-1920 public access and fish management in Lake Billy Chinook. (12) OAR 635-500-1930 public access and fish management in Lake Simtustus. (13) OAR 635-500-1940 public access and fish management in small impoundments in the Crooked River subbasin. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129 History: FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96
635-500-1820 Metolius River and Tributaries (1) The following policies apply for fish management in the Metolius River and its tributaries: (a) Indigenous redband trout, kokanee salmon, mountain whitefish, and introduced brown and brook trout shall be managed for natural production consistent with Wild Fish Management Alternative for trout; (b) No hatchery fish shall be stocked in the Metolius River and tributaries; (c) Provide a fishery for hatchery rainbow trout in an off-channel pond. (2) The following objectives apply for fish management, habitat, and public access in the Metolius River and its tributaries: (a) Maximize protection of genetic diversity, adaptiveness, and abundance of redband trout, kokanee, and mountain whitefish in the Metolius River and tributaries; (b) Provide angling opportunities for a diverse fishery on naturally produced redband trout, brook trout, brown trout, kokanee salmon, and mountain whitefish; (c) Develop a site and provide an opportunity for juveniles to angle for trout on a standing water body in the vicinity of Camp Sherman; (d) Provide angling opportunities; (e) Develop subbasin specific knowledge that integrates fish distribution and abundance information, habitat characteristics, habitat restoration opportunities, and sensitive watershed areas into the Department's Habitat Database system; (f) Protect, enhance, and restore wild fish habitat in the Metolius River Basin; (g) Maintain bank angler access to the Metolius River; (h) Develop an education project in the Metolius Basin to inform the public about the benefits of natural ecosystem restoration and enhancement, including fish and habitat management. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129 History: DFW 129-2003, f. & cert. ef. 12-15-03 FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96
635-500-1830 Blue and Suttle Lakes (1) The following policies apply for fish management in Blue and Suttle Lakes: (a) Kokanee, mountain whitefish and introduced brown trout and brook trout in Suttle Lake and Link Creek shall be managed for natural production consistent with the Basic Yield Management Alternative for trout; (b) Rainbow trout in Blue Lake shall be managed for hatchery production consistent with the Basis Yield Management Alternative for trout. No other hatchery fish shall be stocked; (2) The following objectives apply for fish management in Blue and Suttle Lakes: (a) Maintain genetic diversity, adaptiveness, and abundance of kokanee, brown trout, brook trout, and mountain whitefish in Suttle Lake and Link Creek; (b) Provide consumptive angling opportunities for naturally-reproducing kokanee, brown trout, and mountain whitefish in Suttle Lake; (c) Provide consumptive angling opportunities for hatchery rainbow trout in Blue Lake; (d) Protect fish rearing and spawning habitat in Suttle Lake, Link Creek and Blue Lake. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129 History: DFW 129-2003, f. & cert. ef. 12-15-03 FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96
635-500-1840 Cascade Mountain Lakes (1) The following policies apply for fish management in the Cascade Mountain Lakes: (a) Cascade Mountain lakes in the Metolius River subbasin shall be managed for natural and hatchery production consistent with the Basic Yield management alternative for trout; (b) Hatchery rainbow, brook, and cutthroat trout shall be stocked into the following lakes: Booth, Cabot, Cache, Carl, Dollamine, Four O’ Clock, George, Island, Koko, Link, Long, Martin, Meadow, Patsy, Peewee, Round, Shirley, Square, Table, Torso, and Wasco. (2) The following objectives apply for fish management in the Cascade Mountain Lakes: (a) Provide diverse angling opportunities for selected trout species in Cascade Mountain lakes of the Metolius River subbasin; (b) Minimize the impacts of hatchery trout on the production and genetic integrity of wild trout in the Metolius River subbasin; (c) Manage Cascade Mountain lakes fisheries consistent with wilderness management plans to be jointly developed with Deschutes National Forest personnel. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129 History: FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96
635-500-1850 Crooked River Subbasin (1) The following policies apply for habitat management throughout the Crooked River Subbasin: (a) Work cooperatively with public and private landowners to protect, restore and maintain habitats for natural production of native and introduced fishes in the Crooked River basin; (b) Restore anadromous and migratory resident fish to their historic range in the Crooked River basin by improving upstream and downstream passage over artificial barriers; (c) Reconnect isolated and fragmented populations of redband trout by restoring and improving passage over manmade barriers; (d) Require passage over all proposed dams on fish bearing streams. (2) The following objectives apply for habitat improvement in the Crooked River basin: (a) Protect, restore, and enhance fish habitat in the Crooked River basin, Willow Creek, and reservoirs; (b) Maintain or improve instream flow for fish production in the Crooked River and tributaries, and Willow Creek; (c) Improve the water quality of the Crooked River basin, Willow Creek and reservoirs; (d) Prevent fish losses at unscreened diversions and provide adequate upstream and downstream passage for fish at dams, culverts and other artificial obstructions in the Crooked River basin and Willow Creek; (e) If passage is restored successfully over Pelton, Round Butte, and Opal Springs hydroelectric dams, evaluate passage over Ochoco and Bowman dams. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129 History: DFW 129-2003, f. & cert. ef. 12-15-03 FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96
635-500-1860 Crooked River and its Tributaries Above Prineville Reservoir (1) The following policies apply for fish management in the upper Crooked River: (a) Redband trout in the Crooked River and tributaries above Prineville Reservoir shall be managed for natural production consistent with the Wild Fish Management Alternative for trout; (b) Naturalized brook and brown trout in the Crooked River and tributaries above Prineville Reservoir shall be managed for natural production consistent with the Basic Yield Alternative for trout; (c) The South Fork Crooked River above Prineville Reservoir shall be managed for natural and hatchery production consistent with the Featured Species Fish Management Alternative for trout; (d) Releases of hatchery rainbow trout in the South Fork Crooked River shall be confined from RM 0 to RM 22; (e) Smallmouth bass and brown bullhead shall be managed for natural production consistent with the Basic Yield Alternative for warmwater fish. Hatchery warmwater species shall not be stocked. (2) The following objectives apply for public access and fish management in the upper Crooked River: (a) Protect the genetic diversity, adaptiveness and abundance of redband trout in the Crooked River and tributaries above Prineville Reservoir; (b) Provide angling opportunities for wild trout in the mainstem Crooked River, North Fork Crooked River, Beaver, Bear and Sanford creeks and tributaries; (c) Provide angling opportunities for smallmouth bass and brown bullhead, in the mainstem Crooked River and tributaries where populations of these fish currently exist; (d) Provide harvest and angling opportunities for quality size hatchery rainbow trout in a semi-remote setting along South Fork Crooked River; (e) Provide additional angling access and angling opportunities along the Crooked River and tributaries above Prineville Reservoir. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129 History: FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96
635-500-1870 Crooked River and its Tributaries Below Prineville Reservoir (1) The following policies apply for fish management in the lower Crooked River: (a) Redband trout and mountain whitefish in Crooked River and tributaries below Prineville Reservoir (except Ochoco Creek and a portion of the Crooked River downstream of Opal Springs) shall be managed for natural production consistent with the Wild Fish Management Alternative for trout; (b) No hatchery fish shall be stocked in the mainstem Crooked River between Bowman Dam and Opal Springs, McKay Creek, and Ochoco Creek above Ochoco Reservoir; (c) Rainbow trout in Ochoco Creek shall be managed for hatchery and natural production, consistent with the Basic Yield Management Alternative for trout. Rainbow trout in a stretch of the Crooked River below Opal Springs shall be managed for hatchery and natural production consistent with the Basic Yield Management Alternative for trout pending an evaluation of the impacts of the hatchery program on wild fish. After the completion of this evaluation, this section may be managed for natural production consistent with the Wild Fish Management Alternative for trout. Mountain whitefish shall be managed for natural production consistent with the Wild Fish Management Alternative for trout; (d) Releases of hatchery rainbow trout in Ochoco Creek shall be confined from RM 3 to RM 5, and in the mainstem Crooked River shall be confined from RM 7 to RM 6; (e) Smallmouth bass shall be managed for natural production consistent with the Basic Yield Alternative for warmwater fish. Hatchery warmwater fish species shall not be stocked in the mainstem Crooked River and tributaries below Prineville Reservoir. (2) The following objectives apply for fish management and habitat improvement in the lower Crooked River: (a) Protect or enhance genetic diversity, adaptiveness, and abundance of redband trout in the Crooked River and tributaries below Prineville Reservoir; (b) Provide angling opportunities for redband trout, mountain whitefish and introduced rainbow trout in the mainstem Crooked River and tributaries below Prineville Reservoir; (c) Provide harvest and angling opportunities for naturally produced and hatchery supplemented rainbow trout in Ochoco Creek through the City of Prineville; (d) Provide angling opportunities for smallmouth bass, largemouth bass, and brown bullhead in the mainstem Crooked River below Prineville Reservoir where populations of these fishes currently exist at a low abundance; (e) Maintain or improve instream flows for fish production in the lower Crooked River below Bowman Dam from uncontracted storage in Prineville Reservoir; (f) Improve water quality in lower Crooked River below Prineville Reservoir, specifically for nitrogen supersaturation during high water runoff and sewage releases from the City of Prineville treatment plant. Improve water quality in Ochoco Creek, specifically for elevated levels of mercury; (g) Provide additional public boat and bank angling access. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129 History: FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96
635-500-1880 Willow Creek (1) The following policies apply for fish management in Willow Creek: (a) Redband trout in Willow Creek and tributaries shall be managed for natural production consistent with the Wild Fish Management Alternative for trout; (b) No hatchery trout shall be stocked in Willow Creek and tributaries. (2) The following objectives apply for fish management and public access in Willow Creek: (a) Protect or enhance the genetic diversity, adaptiveness and abundance of indigenous redband trout in Willow Creek and tributaries; (b) Provide angling opportunities for redband trout in Willow Creek and tributaries; (c) Provide additional public bank angling access along Willow Creek and tributaries. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129 History: FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96
635-500-1890 Prineville Reservoir (1) The following policies apply for fish management in Prineville Reservoir: (a) Rainbow trout shall be managed for hatchery production consistent with the Basic Yield Management Alternative for trout; (b) Smallmouth bass and largemouth bass shall be managed for natural production consistent with the Quality Fish Management Alternative for warmwater fish; (c) Brown bullhead and black crappie shall be managed for natural production consistent with the Basic Yield Management Alternative for warm-water fish. (2) The following objectives apply for fish management and public access in Prineville Reservoir: (a) Provide diverse angling opportunities for a consumptive fishery on hatchery rainbow trout; (b) Provide angling opportunities for quality size smallmouth and largemouth bass in Prineville Reservoir; (c) Provide angling opportunities for a consumptive fishery on brown bullhead and black crappie in Prineville Reservoir; (d) Provide better boat and shoreline access at Prineville Reservoir during low water conditions. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129 History: FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96
635-500-1900 Ochoco Reservoir (1) The following policies apply for fish management in Ochoco Reservoir: (a) Rainbow trout shall be managed for hatchery production consistent with the Basic Yield Management Alternative for trout; (b) Warmwater species including brown bullhead shall be managed for natural production consistent with the Basic Yield Alternative; (c) Warmwater fish species shall not be stocked in Ochoco Reservoir. (2) The following objectives apply for fish management, habitat improvement, and public access in Ochoco Reservoir: (a) Provide angling opportunities for a consumptive fishery on hatchery rainbow trout; (b) Provide angling opportunities for brown bullhead in Ochoco Reservoir where populations currently exist in low abundance; (c) Maintain and improve water quality in Ochoco Reservoir, specifically for elevated levels of mercury; (d) Provide better boat access at Ochoco Reservoir during low water conditions. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129 History: FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96
635-500-1910 Haystack Reservoir (1) The following policies apply for fish management in Haystack Reservoir: (a) Rainbow and brown trout and kokanee shall be managed for hatchery production consistent with the Basic Yield Management Alternative for trout; (b) Warmwater fish including largemouth bass, bluegill, black crappie, and brown bullhead shall be managed for natural and hatchery production consistent with the Basic Yield Management Alternative; (c) The Department shall examine the feasibility of stocking a warmwater fish species that has the potential to diversify angling opportunities, such as channel catfish or hybrid bass. (2) The following objectives apply for fish management and public access in Haystack Reservoir: (a) Provide diverse angling opportunities for a consumptive fishery on hatchery rainbow and brown trout, and kokanee; (b) Provide angling opportunities for warmwater species including largemouth bass, black crappie, bluegill and brown bullhead in Haystack Reservoir; (c) Examine the feasibility of stocking channel catfish or hybrid bass bass to diversify angling opportunities for warmwater fish not currently available in central Oregon; (d) Provide better boat access at Haystack Reservoir during low water conditions. Facilitate cooperation between angling boaters and other water sports users. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129 History: FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96
635-500-1920 Lake Billy Chinook (1) The following policies apply for fish management at Lake Billy Chinook: (a) Redband trout, brown trout, and mountain whitefish shall be managed for natural production consistent with the Basic Yield Management Alternative for trout; (b) Kokanee salmon shall be managed for natural production consistent with the Intensive Use Management Alternative for trout; (c) Smallmouth and largemouth bass, black crappie and bluegill shall be managed for natural production consistent with the Basic Yield Management Alternative for warmwater fish; (d) Crayfish shall be managed for natural production and Basic Yield. (2) The following objectives apply for fish management and public access at Lake Billy Chinook: (a) Protect or enhancegenetic diversity, adaptiveness and abundance of indigenous kokanee, redband trout, whitefish, and introduced brown trout in Lake Billy Chinook; (b) Provide angling opportunities for a consumptive fishery on naturally produced kokanee, redband, and brown trout; (c) Provide angling opportunities for smallmouth and largemouth bass, bluegill, and black crappie in Lake Billy Chinook; (d) Provide better boat access at Lake Billy Chinook during low water conditions and peak use periods; (e) Provide tribal, recreational, and commercial fisheries for crayfish in Lake Billy Chinook. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129 History: DFW 129-2003, f. & cert. ef. 12-15-03 FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96
635-500-1930 Lake Simtustus (1) The following policies apply for fish management at Lake Simtustus: (a) Kokanee salmon shall be managed for natural and hatchery production consistent with the Basic Yield Management Alternative for trout; (b) Rainbow trout and summer steelhead shall be managed for hatchery production consistent with the Basic Yield Management Alternative for trout; (2) The following objectives apply for fish management and public access at Lake Simtustus: (a) Provide angling opportunities for consumptive fisheries on naturally and hatchery produced kokanee, hatchery produced rainbow trout and hatchery produced summer steelhead juveniles; (b) Prevent the movement of non-indigenous trout or of trout that pose a genetic risk to Deschutes River rainbow trout downstream from Lake Simtustus into the lower Deschutes River; (c) Maintain and/or improve boat access at Lake Simtustus. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129 History: DFW 129-2003, f. & cert. ef. 12-15-03 FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96
635-500-1940 Small Impoundments in the Crooked River Subbasin (1) The following policies apply for fish management of small impoundments of Crooked River Subbasin: (a) Walton Lake and Antelope Flat Reservoir shall be stocked with hatchery rainbow trout and managed for hatchery production consistent with the Basic Yield Management Alternative for trout; (b) Redband and introduced brook trout in Allen Creek Reservoir shall be managed for natural production consistent with the Wild Fish Management Alternative. No hatchery trout shall be stocked in Allen Creek Reservoir; (c) Largemouth bass, redear sunfish, and brown bullhead in Reynolds Pond shall be managed for natural production consistent with the Basic Yield Alternative for warmwater fish. (2) The following objectives apply for fish management and public access at small impoundments in the Crooked River Subbasin: (a) Protect and maintain the genetic diversity, adaptiveness and abundance of redband trout and introduced brook trout in Allen Creek Reservoir; (b) Provide angling opportunities for redband and introduced brook trout in Allen Creek Reservoir; (c) Provide angling opportunities for consumptive fisheries on hatchery rainbow trout in Walton Lake and Antelope Flat Reservoir; (d) Provide angling opportunities for largemouth bass, redear sunfish, and brown bullhead in Reynolds Pond where populations of these fish currently exist; (e) Improve vehicle access at Allen Creek Reservoir and improve boat access at Allen Creek and Antelope Flat reservoirs during low water conditions. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129 History: FWC 40-1996, f. 7-9-96, cert. ef. 7-10-96
635-500-2000 Lower Deschutes River Fish Management — Applicability OAR 635-500-2000 through 635-500-3070 apply to the Lower Deschutes River Subbasin of the Deschutes River. The lower Deschutes River Subbasin is defined as the Deschutes River from the Pelton Reregulating Dam downstream to the Columbia River and all waters within that drainage area. The Confederated Tribes of the Warm Springs Reservation of Oregon is the modern-day successor to the seven bands of Wasco and Sahaptin speaking Indians of the mid-Columbia area whose representatives were signatories to treaties which established fishing rights within areas of the Lower Deschutes River Subbasin. It is the intention of the Department of Fish and Wildlife to work cooperatively with the CTWS to implement these rules and to co-manage the fisheries of the Lower Deschutes subbasin for the benefit of the CTWS and the public. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: FWC 47-1996, f. 8-28-96, cert. ef. 9-1-96