justicedao/ipfs_state_laws huggingface dataset:
635-500-3280 Century Drive Lakes Isolated from the Deschutes River (Sparks, Devils, Elk, Hosmer, North Twin, and South Twin Lakes) Policies and objectives for fish management in Century Drive Lakes Isolated from the Deschutes River (Sparks, Devils, Elk, Hosmer, North Twin, and South Twin Lakes) of the upper Deschutes River Subbasin. (1) Policies for fish management in Century Drive Lakes Isolated from the Deschutes River (Sparks, Devils, Elk, Hosmer, North Twin, and South Twin Lakes): (a) Hosmer Lake shall be managed for hatchery produced Atlantic salmon consistent with the Featured Species Management Alternative for trout. Discontinue the stocking of brook trout. (Hostmer) Lake will switch to hatchery produced rainbow trout consistent with the Featured Species Management Alternative if the Atlantic salmon egg take ever fails; (b) Sparks Lake, Devils Lake, Elk Lake, and North and South Twin Lakes shall be managed as follows: (A) Sparks Lake shall be managed for naturally produced brook trout consistent with the Basic Yield Management Alternative for trout. Discontinue stocking brook trout. Introduced cutthroat trout shall be managed consistent with the Featured Species Alternative for trout; (B) Devils Lake shall be managed for naturally produced brook trout and hatchery produced legal size rainbow trout consistent with the Basic Yield Management Alternative for trout; (C) Elk Lake shall be managed for naturally produced kokanee and for hatchery produced brook trout consistent with the Basic Yield Management Alternative for trout; (D) North and South Twin Lakes shall be managed for hatchery produced rainbow consistent with the Basic Yield Management Alternative for trout. (2) Objectives for fish management in Century Drive Lakes Isolated from the Deschutes River (Sparks, Devils, Elk, Hosmer, North Twin, and South Twin Lakes): (a) Provide diverse angling opportunities for selected trout species in Century Drive Lakes of the Upper Deschutes River basin; (b) Protect and enhance trout habitat in the Century Drive Lakes; (c) Maintain or improve access to the Century Drive Lakes. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96
635-500-3290 Cascade Mountain Lakes Policies and objectives for fish management in Cascade Mountain lakes of the upper Deschutes River Subbasin. (1) Policies for fish management in Cascade Mountain lakes: (a) Whitefish in Winopee Lake shall be managed for natural production consistent with the Featured Species Management Alternative for trout; (b) Cascade Mountain lakes of the upper Deschutes Subbasin shall be managed for natural and hatchery production consistent with the Basic Yield management alternative for trout; (c) Hatchery rainbow, brook, and cutthroat trout shall be stocked into the lakes listed in subsections (A) and (B) of this section: (A) Upper Deschutes Fish District: Barbie, Big Finger, Black Crater, Blow, Blowdown, Bobby, Brahma, Cathy, Charlton, Clark, Comma, Copper, Deer, Dennis, Doris, Found, Gleneden, Golden, Goldeneye, S. Green, E. Hanks, M. Hanks, W. Hanks, Harlequinn, Hidden, Hunter, Irish, Jay, Johnny, Josephine, Junco, Kershaw, Kinnikinnic, Lady, Lemish, Lily, Lindick, Lodgepole, Long, Lucky, N. Mathieu, Merle, Phantom, Puppy, Pygmy, Raft, Red Slide, Rim, Rock Rim, Simon, L. Snowshoe, M. Snowshoe, U. Snowshoe, Strider, Swede, Taylor, N. Teddy, S. Teddy, Timmy, Todd, Tranquil, Winopee, Yapoah; (B) Klamath Fish District: Bell, Bonnies, Darlene, Effie, Elf, Farrell, Fawn, Gray Jay, Hidden, Horsepasture, Lil’s, Maiden, Meek, Oldenburg, Rosary, Lower, Rosary, Middle, Rosary, Upper, Snell, Sowbug, Stag, Suzanne, Windigo, W. Windy, E. Windy, N. Windy, S. Windy, W. Yoran. (d) No fish shall be introduced into Cascade Mountain lakes not currently stocked; (e) Hatchery trout shall not be stocked into high lakes which drain into waters with wild fish populations if there is a risk to the genetic integrity of these wild populations. (2) Objectives for fish management in Cascade Mountain lakes: (a) Maintain abundance, distribution, and genetic integrity of whitefish in Winopee Lake; (b) Provide diverse angling opportunities for selected trout species in Cascade Mountain lakes of the Upper Deschutes River basin; (c) Maintain and enhance fish habitat in the Cascade Mountain lakes; (d) Minimize the impacts of hatchery trout on the production and genetic integrity of wild trout in the Deschutes River basin; (e) 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 506.109 & 506.129 History: FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96
635-500-3300 Miscellaneous Waters (Three Creeks Lake, Little Three Creeks Lake, Shevlin Pond, Century Pond, Sprague Pit Pond, Firemens Pond) Policies and objectives for fish management in Miscellaneous Waters (Three Creeks Lake, Little Three Creeks Lake, Shevlin Pond, Century Pond, Sprague Pit Pond, Firemens Pond) of the upper Deschutes River Subbasin. (1) Policies for fish management in Miscellaneous Waters (Three Creeks Lake, Little Three Creeks Lake, Shevlin Pond, Century Pond, Sprague Pit Pond, Firemens Pond): (a) Three Creeks Lake shall be managed for hatchery, legal-sized rainbow trout and naturally produced brook and rainbow trout consistent with the Basic Yield Management Alternative for trout; (b) Little Three Creeks Lake shall be managed for naturally produced brook and rainbow trout consistent with the Basic Yield Management Alternative for trout; (c) Shevlin, Sprague Pit and Century Drive ponds shall be managed for hatchery produced, legal-sized rainbow trout consistent with the Intensive Use Management Alternative for trout; (d) Fireman’s Pond shall be managed for hatchery produced, legal-sized rainbow trout consistent with the Intensive Use Management Alternative for trout. Warmwater fish shall be managed for natural and hatchery production of bluegill and transfer of stock-sized bass and bluegill consistent with Basic Yield Management in the Warmwater Fish Plan. (2) Objectives for fish management in Miscellaneous Waters (Three Creeks Lake, Little Three Creeks Lake, Shevlin Pond, Century Pond, Sprague Pit Pond, Firemens Pond): (a) Provide diverse angling opportunities for selected trout species in miscellaneous waters of the Upper Deschutes River basin; (b) Continue to adjust angling regulation to fit the fisheries at the Miscellaneous Waters; (c) Protect and enhance trout habitat in the Miscellaneous Waters; (d) Maintain or improve access to the Miscellaneous Waters; (e) Develop additional Miscellaneous Waters as opportunities become available. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: FWC 59-1996, f. 9-27-96, cert. ef. 10-1-96
635-500-3400 Applicability OAR 635-500-3400 through 635-500-3520 apply to the Sandy River basin. The Sandy River basin is defined as the Sandy River and its tributaries that originate high on the west and south slopes of Mount Hood, flow approximately 55 miles in a northwesterly direction and enter the Columbia River near Troutdale (Columbia RM 120.5). The Sandy River basin is situated in Multnomah and Clackamas counties, and drains approximately 508 square miles. The Sandy River basin is comprised of several subbasins, many of which are uniquely distinct hydrologically and geomorphologically. Principal tributaries include the Zigzag River, Still Creek, and Salmon River in the upper basin and Bull Run River, Gordon, Cedar, and Beaver creeks in the lower basin. Many other smaller tributaries located throughout the basin contribute significantly to streamflows and provide habitat for a wide array of fish and wildlife assemblages. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 4-1998, f. & cert. ef. 1-12-98
635-500-3410 Organization of rules Administrative rules for the Sandy River basin are organized as follows: (1) OAR 635-500-3420 covers objectives for habitat management in the Sandy River basin. (2) OAR 635-500-3430 covers policies and objectives for winter steelhead management in the Sandy River basin. (3) OAR 635-500-3440 covers policies and objectives for summer steelhead management in the Sandy River basin. (4) OAR 635-500-3450 covers policies and objectives for coho management in the Sandy River basin. (5) OAR 635-500-3460 covers policies and objectives for spring chinook management in the Sandy River basin. (6) OAR 635-500-3470 covers policies and objectives for fall chinook management in the Sandy River basin. (7) OAR 635-500-3480 covers policies and objectives for trout production in the Sandy River basin. (8) OAR 635-500-3490 covers policies and objectives for trout management in Cascade mountain lakes of the Sandy River basin. (9) OAR 635-500-3500 covers policies and objectives for trout management in high use reservoirs and small ponds of the Sandy River basin. (10) OAR 635-500-3510 covers policies and objectives for warmwater and other miscellaneous fish management in the Sandy River basin. (11) OAR 635-500-3520 covers policies and objectives for public access management in the Sandy River basin. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 4-1998, f. & cert. ef. 1-12-98
635-500-3420 Habitat (1) Objectives for habitat management in the Sandy River basin. (2) Promote habitat conditions that contribute to achieving the desired status identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575). This includes, but is not limited to, the following actions: (a) Maintain and improve upstream and downstream passage for fish in the Sandy River basin at dams, water diversions, existing fishways, culverts and, where needed, at in-channel debris jams. (b) Protect, enhance, and restore fish habitat in the Sandy River basin. (c) Inventory stream and watershed conditions using current methods to assess factors limiting fish production in the Sandy River basin. (d) Reduce artificial introductions of sediment into the Sandy River and basin tributaries. (e) Restore natural stream flows where possible, and protect existing stream flows and water quality from degradation associated with operation of dams, water diversions, effluents, mining, timber harvest, recreation, and other instream activities. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 116-2010, f. & cert. ef. 8-10-10 DFW 4-1998, f. & cert. ef. 1-12-98
635-500-3430 Winter Steelhead Policy and objectives for wild and hatchery winter steelhead management in the Sandy River basin. (1) Policy: Consistent with achieving the desired status identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575), the Sandy River basin shall be managed for both wild and hatchery produced winter steelhead. (2) Objectives: (a) Achieve the desired status for winter steelhead in the Sandy River basin identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575). Establish an increasing trend in the population of Sandy River wild winter steelhead. (b) Provide angling opportunities for winter steelhead in the Sandy River basin. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 116-2010, f. & cert. ef. 8-10-10 DFW 100-2003, f. & cert. ef. 9-25-03 DFW 21-2001, f. & cert. ef. 4-16-01 DFW 4-1998, f. & cert. ef. 1-12-98
635-500-3440 Summer Steelhead Policy and objectives for hatchery summer steelhead management in the Sandy River basin. (1) Policy: Consistent with achieving the desired status identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575), the Sandy River basin shall be managed for hatchery summer steelhead: Hatchery summer steelhead smolts shall be released in the lower Sandy River basin, where suitable adult holding habitat is available throughout the summer and where adult returns will provide optimum recreational opportunity. (2) Objectives: (a) Release an annual 75,000 summer steelhead smolts into the lower Sandy River basin. (b) Maximize native fish production in the Sandy basin by eliminating potential genetic and ecological impacts of introduced hatchery summer steelhead in the basin above Marmot Dam by sorting hatchery summer steelhead and preventing their passage into the upper basin. (c) Determine if a native population of summer steelhead exists in the Sandy River basin. (d) Provide a fishery on hatchery summer steelhead in the Sandy River below Marmot Dam until such time as the sorting facility is removed. When date certain has been determined for removal of Marmot Dam, the Department shall return the issue of continued releases of salmon steelhead into the Sandy Basin to the Commission for review and additional rulemaking, if appropriate. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 116-2010, f. & cert. ef. 8-10-10 DFW 100-2003, f. & cert. ef. 9-25-03 DFW 4-1998, f. & cert. ef. 1-12-98
635-500-3450 Coho Policy and objectives for wild and hatchery coho management in the Sandy River basin. (1) Policy: Consistent with achieving the desired status identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575), the Sandy River basin shall be managed for both wild and hatchery produced coho. (2) Objectives: (a) Achieve the desired status for coho salmon in the Sandy River basin identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575). Establish an increasing trend in the population of Sandy River wild coho salmon. (b) Provide angling opportunities for coho salmon in the Sandy River basin. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 116-2010, f. & cert. ef. 8-10-10 DFW 100-2003, f. & cert. ef. 9-25-03 DFW 4-1998, f. & cert. ef. 1-12-98
635-500-3460 Spring Chinook Policy and objectives for wild and hatchery spring chinook management in the Sandy River basin. (1) Policy: Consistent with achieving the desired status identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575), the Sandy River basin shall be managed for both wild and hatchery produced spring Chinook. (2) Objectives: (a) Achieve the desired status for spring Chinook salmon in the Sandy River basin identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575). Establish an increasing trend in the population of Sandy River wild spring chinook. (b) Provide angling opportunities for spring chinook in the Sandy River basin. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 116-2010, f. & cert. ef. 8-10-10 DFW 100-2003, f. & cert. ef. 9-25-03 DFW 21-2001, f. & cert. ef. 4-16-01 DFW 4-1998, f. & cert. ef. 1-12-98
635-500-3470 Fall Chinook Policy and objectives for wild fall chinook only management in the Sandy River basin. (1) Policy: Consistent with achieving the desired status identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575), the Sandy River basin shall be managed for natural production of fall Chinook with an option for a conservation hatchery program if necessary. (2) Objectives: (a) Achieve the desired status for fall and late fall Chinook salmon in the Sandy River basin identified in the Lower Columbia River Conservation and Recovery Plan for Oregon Populations of Salmon and Steelhead (OAR 635-500-6575); (b) Provide sport angling opportunities for fall chinook in the Sandy River basin. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 116-2010, f. & cert. ef. 8-10-10 DFW 4-1998, f. & cert. ef. 1-12-98
635-500-3480 Wild Trout Production Policy and objectives for wild trout production enhancement in the Sandy River basin. (1) Policy: Native rainbow trout, cutthroat trout, whitefish, and introduced brook trout in the Sandy River basin shall be managed for natural production consistent with the Wild Fish management alternative for trout (ODFW Trout Plan, 1987). Hatchery trout releases in the Sandy River basin shall be confined to standing water bodies only. (2) Objectives: (a) Maintain the genetic diversity, adaptiveness, and abundance of native rainbow trout, cutthroat trout, and whitefish populations by enhancing natural production, preserving and restoring historical distribution, and by sustaining multiple age-classes; (b) Provide angling opportunities on naturally produced rainbow and cutthroat trout in the basin, and continue to provide consumptive angling opportunities for brook trout; (c) Protect, enhance, and restore rainbow trout, cutthroat trout, and whitefish habitat; (d) Ensure adequate fish passage is provided and maintained throughout the basin; (e) Achieve mitigation for lost searun and fluvial trout spawning and rearing habitat associated with hydropower water diversions in the basin. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 4-1998, f. & cert. ef. 1-12-98
635-500-3490 Trout — Cascade Mountain Lakes Policies and objectives for trout management in Cascade mountain lakes of the Sandy River basin. (1) Policies: (a) Cascade mountain lakes within the Sandy River basin shall be managed for natural and hatchery production consistent with the Basic Yield management alternative for trout; (b) Hatchery rainbow, cutthroat, and brook trout shall be periodically stocked into the lakes listed in the Plan. (2) Objectives: (a) Provide diverse angling opportunities for trout in Cascade mountain lakes within the Sandy River basin; (b) Minimize the impacts of hatchery trout on the production and genetic integrity of adjacent populations of wild trout in the Sandy River basin streams; (c) Manage Cascade mountain lake fisheries consistent with wilderness management plans developed jointly with the Mt. Hood National Forest. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 4-1998, f. & cert. ef. 1-12-98
635-500-3500 Trout — High Use Reservoirs and Small Ponds Policy and objectives for trout management in high use reservoirs and small ponds of the Sandy River basin. (1) Policy: Collins, Roslyn, and Trillium lakes and Mt. Hood College Pond shall be managed for hatchery production consistent with the intensive use management alternative for trout. (2) Objectives: (a) Provide diverse angling opportunities for a consumptive fishery on hatchery produced fish; (b) Minimize the impacts of hatchery trout on the production and genetic integrity of adjacent populations of wild trout. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 4-1998, f. & cert. ef. 1-12-98
635-500-3510 Warmwater and Other Miscellaneous Fish Policies and objectives for warmwater and other miscellaneous fish management in the Sandy River basin. (1) Policies: (a) Warmwater game fish and other introduced warmwater fish shall be managed to discourage increases in natural production in the Sandy River basin; (b) Warmwater fish species shall not be stocked in mainstem areas or tributaries of the Sandy River basin. Stocking of private ponds within the basin shall be considered on an individual basis. (2) Objectives: (a) Prevent the expansion of non-indigenous warmwater fish populations into upstream reaches of the basin; (b) Protect populations and habitats of sensitive, threatened, or endangered non-game fishes in the Sandy River basin. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 4-1998, f. & cert. ef. 1-12-98
635-500-3520 Public Access Policies and objective for public access management in the Sandy River basin. (1) Policies: (a) ODFW shall seek to provide access to allow the public to enjoy the Sandy River basin’s fish populations, to provide a diversity of angling and viewing opportunities, and to encourage a dispersion of angling effort; (b) Acquisition and development of access sites shall be consistent with policies and objectives for management of fish species and habitat. (2) Objective: Maintain present boat access facilities in the lower Sandy River and increase access for bank anglers throughout the Sandy River basin. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 4-1998, f. & cert. ef. 1-12-98
635-500-3600 Klamath River Basin Fish Management — Applicability OAR 635-500-3600 through 635-500-3880 apply to the Klamath River Basin. The Klamath River Basin in Oregon is the headwaters of Klamath River which runs through northwestern California to the Pacific Ocean. These Oregon Administrative Rules apply to all waters of the Klamath River Basin within the State of Oregon, which are located in Jackson, Klamath, and Lake counties. Unless otherwise identified as a management option under the Warmwater Fish Management Plan, all management options like “Basic Yield” and “Featured Species” refer to management options under Oregon Department of Fish and Wildlife’s Trout Management Plan (OAR 635-500-0100 through 635-500-0120). Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129 History: FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97
635-500-3620 Habitat Management Policy and objectives for habitat management in Klamath River Basin. (1) Policy: Habitat that is critical to the natural production of indigenous fish populations shall be protected; proactive conservation shall be preferred over habitat restoration. (2) Objectives: (a) Protect and restore riparian habitats throughout the Klamath Basin; (b) All artificial barriers to fish passage shall have adequate facilities installed to provide unimpaired upstream passage; (c) All water diversions and water storage facilities shall have appropriate screening to prevent entrainment of fish; (d) Pursue perennial instream flows throughout the Klamath Basin to improve habitat and natural production of indigenous species; (e) Protect and restore water quality throughout the Klamath Basin as it relates to the maintenance of fish resources; (f) Protect trout and kokanee salmon spawning and rearing habitat in Fourmile Lake; (g) Protect, maintain or improve spawning and rearing habitat for fish in Lake of the Woods and tributaries; (h) Develop habitat in Hyatt Lake to enhance bass and trout populations. Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 496.162, 506.109 & 506.129 History: FWC 56-1997, f. 9-4-97, cert. ef. 9-15-97