690-051-0200 Fish Resources (1) Per ORS 543.017, anadromous salmon and steelhead resources and habitats shall be preserved. It is the policy of the State to protect the natural resources of the state from possible adverse impacts of a project (ORS 543.015). In order to approve an application, the Director or Commission may require that applicants implement, operate and maintain measures to mitigate for possible adverse impacts specific to a Project. The Department shall consider the need for the following mitigation measures to protect fish habitats and/or fish resources including but not limited to: (a) Providing for fish passage around diversion structures, dams or reservoirs with appropriate bypass flows, ladders and/or other measures as may be required by ODFW under ORS 509.580 to 509.585; (b) Screening of intakes to prevent juvenile entrainment through turbines as may be required by ODFW under ORS 498.301 to 498.321; (c) Preventing false attraction water from guiding fish into turbines at the tailrace; (d) Controlling ramping rates to prevent stranding of fish; (e) Avoiding delay of upstream or downstream migration; (f) Managing wood and gravel through the project to maintain or enhance habitat conditions; and/or other impacts. (2) Evidence of a fish screening agreement or waiver with ODFW; a fish passage waiver, exemption or agreement with the ODFW or the Oregon Fish and Wildlife Commission; and/or an agreement to implement final terms and conditions recommended by ODFW to the FERC under Section 10(j) or 30(c) of the Federal Power Act shall satisfy these standards, as applicable. (3) All projects which divert water away from a portion of a stream, excepting those processed under ORS 543.765, may be conditioned to provide bypass flows for aquatic habitat protection before water may be diverted for power production. (4) Unavoidable adverse impacts on fish or to fish management programs will be mitigated; (a) Project construction, timing and procedures are designed to minimize fishery impacts from instream construction work and premature or unnecessary land clearing and disturbances; (b) All fishery protective measures are scheduled to be fully functional when the project commences operations; and (c) The proposed project is consistent with ODFW management programs in force on the effective date of these rules. (5) No project shall be approved that would result in a net loss of wild game fish. In order to approve an application, the Director shall apply the following standards: (a) A project, any part of which is located on a river or stream reach used by wild game fish, or that would adversely affect wild game fish, shall include acceptable mitigation measures which: (A) Are located in the project vicinity; (B) Are in effect at the time of adverse impact or start of project operation, whichever comes first; (C) Will prevent a net loss to individual species of wild game fish; (D) Will prevent conversion of a wild game fish population and fishery to a hatchery dependent resource; (E) Are consistent with ODFW management plans and programs in force on the effective date of these rules; and (F) Employ workable and generally accepted methods and techniques of mitigation best suited to the affected fish resource(s). (6) No project shall be approved that may result in mortality or injury to an individual anadromous salmon or steelhead or loss of any salmon or steelhead habitat. In order to approve an application, the Director shall apply the following standards: (a) If proposed at an undeveloped site, it is not reasonably foreseeable that the location, design, construction or operation of the project may result in mortality or injury to an individual anadromous salmon or steelhead or loss of any salmon or steelhead habitat; and (b) Modification of an existing facility or project on a stream reach used by anadromous salmon or steelhead or providing anadromous salmon or steelhead habitat shall include acceptable measures that: (A) Are reasonably certain to restore, enhance or improve existing salmon and steelhead populations in the affected river; (B) Comply with wild game fish standards in paragraphs (5)(a)(C) and (D) of this rule if the affected salmon or steelhead populations contain wild fish; (C) Are consistent with ODFW Fishery management plans and programs in force on the effective date of these rules; (D) Employ workable and generally accepted methods and techniques best suited to the fish resources affected by the proposed project; and (E) Are in effect at the time of adverse impact or start of project operation, whichever comes first. (7) In order to approve an application for a project within the Columbia River Basin, the Director shall find that the proposed project complies with the fish protection, mitigation and enhancement requirements of the Northwest Power and Conservation Council (NPCC) Columbia River Basin Fish and Wildlife Program. Statutory/Other Authority: ORS 536.025, 536.027, 537 & 543 History: WRD 8-2015, f. 12-18-15, cert. ef. 1-1-16 WRD 2-1993, f. & cert. ef. 5-19-93 WRD 14-1986, f. & cert. ef. 10-13-86