justicedao/ipfs_state_laws huggingface dataset:
635-500-2010 Organization of rules Administrative rules for the lower Deschutes River Subbasin are organized as follows: (1) OAR 635-500-2020 covers policies and objectives for habitat protection and restoration management in the lower Deschutes River and its tributaries. (2) OAR 635-500-2030 covers policies and objectives for fish management in Cascade Mountain Lakes in the lower Deschutes River Subbasin. (3) OAR 635-500-2040 covers policies and objectives for fish management in the small ponds with public access in the lower Deschutes River Subbasin. (4) OAR 635-500-2050 covers policies and objectives for fish management in Badger Lake in the high lakes and reservoirs of the lower Deschutes River Subbasin. (5) OAR 635-500-2060 covers policies and objectives for fish management in Clear Lake in the high lakes and reservoirs of the lower Deschutes River Subbasin. (6) OAR 635-500-2070 covers policies and objectives for fish management in Frog Lake in the high lakes and reservoirs of the lower Deschutes River Subbasin. (7) OAR 635-500-2080 covers policies and objectives for fish management in Olallie Lake in the high lakes and reservoirs of the lower Deschutes River Subbasin. (8) OAR 635-500-2090 covers policies and objectives for fish management in Pine Hollow Reservoir in the high lakes and reservoirs of the lower Deschutes River Subbasin. (9) OAR 635-500-3000 covers policies and objectives for fish management in Rock Creek Reservoir in the high lakes and reservoirs of the lower Deschutes River Subbasin. (10) OAR 635-500-3010 covers policies and objectives for trout, whitefish, and miscellaneous species fish management in the lower Deschutes River Subbasin. (11) OAR 635-500-3020 covers policies and objectives for indigenous species fish management in the lower Deschutes River Subbasin. (12) OAR 635-500-3030 covers policies and objectives for summer steelhead management in the lower Deschutes River Subbasin. (13) OAR 635-500-3040 covers policies and objectives for spring chinook salmon management in the lower Deschutes River Subbasin. (14) OAR 635-500-3050 covers policies and objectives for fall chinook salmon management in the lower Deschutes River Subbasin. (15) OAR 635-500-3060 covers policies and objectives for warmwater gamefish management in the lower Deschutes River Subbasin. (16) OAR 635-500-3070 covers policies and objectives for public access to waters in the lower Deschutes River Subbasin. 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
635-500-2020 Habitat Management Policies and objectives for habitat management in the lower Deschutes River Subbasin. (1) Policies for habitat management throughout the lower Deschutes River Subbasin are: Habitat protection and restoration shall be given priority over supplementation to reach natural fish production goals. (2) The objectives for habitat improvement in the lower Deschutes River Subbasin are: (a) Improve the quality and quantity of aquatic and riparian habitat; (b) Establish and maintain instream water rights on all streams in the lower Deschutes River Subbasin which exhibit fish and wildlife values; (c) Maintain or improve upland watershed conditions to sustain the long-term production of high quality water; (d) Maintain or improve water quality in the lower Deschutes River and tributaries; (e) Improve fish passage at manmade barriers within the lower Deschutes River Subbasin. 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
635-500-2030 Cascade Mountain Lakes Policies and objectives for fish management in the Cascade Mountain Lakes of the lower Deschutes River Subbasin. (1) Policies for fish management in the Cascade Mountain Lakes: (a) Cascade Mountain lakes addressed in the lower Deschutes River Subbasin shall be managed for natural and hatchery production consistent with the Basic Yield (OAR 635-500-0115(4)) or Featured Species (635-500-0115(2)) management alternative for trout; (b) Hatchery rainbow, cutthroat and/or brook trout shall be periodically stocked into the lakes listed. (2) Objectives for fish management in the Cascade Mountain Lakes: (a) Provide diverse angling opportunities for trout in the Cascade Mountain lakes in the lower Deschutes River Subbasin; (b) Minimize the impacts of hatchery trout on the production and genetic integrity of adjacent populations of wild trout; (c) Manage Cascade Mountain lake fisheries consistent with management plans developed jointly with the United States Forestry Service and the Confederated Tribes of the Warm Springs Reservation. 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
635-500-2040 Small Ponds With Public Access Policies and objectives for fish management in small ponds with public access in the lower Deschutes River Subbasin. (1) Policies for fish management in small ponds with public access: (a) Small ponds with public access containing warmwater gamefish shall be managed for warmwater fish consistent with the basic yield management alternative for warmwater fish (OAR 635-500-0055(1)(d)); (b) Small ponds with public access containing trout shall be managed for hatchery production of trout consistent with the basic yield alternative for trout (OAR 635-500-0115(4)); (c) To protect native species and desired introduced species, other fish, including but not limited to, non-indigenous salmonids, smallmouth bass, spotted bass, yellow perch, channel catfish and all other members of the catfish family, muskellunge, walleye, northern pike, striped bass, hybrid bass, and koi shall not be approved for use in public or private waters covered by this plan; (d) Only rainbow trout, largemouth bass, bluegill and black crappie from sources approved by the Oregon Department of Fish and Wildlife may be considered for introductions into private ponds in the lower Deschutes River Subbasin. (2) Objectives for fish management in small ponds with public access: Provide angler opportunity for a consumptive fishery by stocking legal-sized or fingerling rainbow trout or warmwater gamefish in the ponds listed for the lower Deschutes River Subbasin. 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
635-500-2050 Badger Lake Policies and objectives for fish management in Badger Lake in the lower Deschutes River Subbasin. (1) Policies for fish management in Badger Lake: (a) Brook trout shall be managed for natural production consistent with the Basic Yield Management Alternative for trout (OAR 635-500-0115(4)). No hatchery brook trout shall be stocked; (b) Rainbow trout shall be managed for hatchery production consistent with the Basic Yield Management Alternative for trout (OAR 635-500-0115(4)). (2) Objectives for fish management in Badger Lake: (a) Provide a diverse, consumptive angling opportunity for hatchery rainbow trout and naturally produced brook trout; (b) Minimize impacts of hatchery trout stocked in Badger Lake on the production and genetic integrity of downstream populations of wild redband trout in Badger Creek and the White River system; (c) Minimize annual lake level fluctuations associated with irrigation drawdown at Badger Lake. 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
635-500-2060 Clear Lake Policies and objectives for fish management in Clear Lake in the lower Deschutes River Subbasin. (1) Policies for fish management in Clear Lake: (a) Legal-sized rainbow trout shall be managed for hatchery production consistent with the intensive use management alternative for trout (OAR 635-500-0115(5)); (b) Hatchery brood rainbow trout shall also be managed for hatchery production consistent with the trophy fish management alternative for trout (OAR 635-500-0115(3)); (c) Brook trout shall be managed for natural production consistent with the Basic Yield Management Alternative for trout (OAR 635-500-0115(4)). No hatchery brook trout shall be stocked. (2) Objectives for fish management in Clear Lake: (a) Provide a diverse, consumptive angling opportunity for hatchery rainbow trout and naturally produced brook trout; (b) Minimize impacts of hatchery trout stocked in Clear Lake on the production and genetic integrity of downstream populations of wild redband trout in Clear Creek and the White River system; (c) Enhance fish habitat for adult cover and juvenile rearing; (d) Minimize annual lake level fluctuations associated with irrigation drawdown at Clear Lake; (e) Provide additional or improved boat access at Clear Lake during low water conditions. 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
635-500-2070 Frog Lake Policies and objectives for fish management in Frog Lake in the lower Deschutes River Subbasin. (1) Policies for fish management in Frog Lake: (a) Legal-sized rainbow trout shall be managed for hatchery production consistent with the intensive use management alternative (OAR 635-500-0115(5)); (b) Hatchery brood rainbow trout shall also be managed for hatchery production consistent with the trophy fish management alternative (OAR 635-500-0115(3)). (2) Objectives for fish management in Frog Lake: (a) Provide a diverse, consumptive angling opportunity for hatchery produced fish; (b) Minimize impacts of hatchery trout stocked in Frog Lake on the production and genetic integrity of downstream populations of wild redband trout in Frog Creek and the White River system. 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
635-500-2080 Olallie Lake Policies and objectives for fish management in Olallie Lake in the lower Deschutes River Subbasin. (1) Policies for fish management in Olallie Lake: (a) Legal-sized rainbow trout shall be managed for hatchery production consistent with the intensive use management alternative (OAR 635-500-0115(5)); (b) Brood rainbow trout shall also be managed for hatchery production consistent with the trophy fish management alternative (OAR 635-500-0115(3)). (2) Objectives for fish management in Olallie Lake: (a) Provide a diverse, consumptive angling opportunity for hatchery produced fish; (b) Minimize impacts of hatchery trout stocked in Olallie Lake on the production and genetic integrity of downstream populations of wild redband trout in the Warm Springs and lower Deschutes Rivers. 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
635-500-2090 Pine Hollow Reservoir Policies and objectives for fish management in Pine Hollow Reservoir in the lower Deschutes River Subbasin. (1) Policies for fish management in Pine Hollow Reservoir: (a) Fingerling and legal-sized rainbow trout shall be managed for hatchery production consistent with the Basic Yield Management Alternative (OAR 635-500-0115(4)); (b) Illegally introduced largemouth bass, brown bullhead, and green sunfish shall be managed for natural production consistent with the Basic Yield Management Alternative for warmwater fish (OAR 635-500-0055(1)(d)); (c) Pine Hollow Reservoir shall be managed primarily for trout production. (2) Objectives for fish management in Pine Hollow Reservoir: (a) Provide diverse, consumptive angling opportunity for hatchery trout and warmwater game fish; (b) Minimize impacts of hatchery trout stocked in Pine Hollow Reservoir on the production and genetic integrity of downstream populations of wild redband trout in the White River system and lower Deschutes River. 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
635-500-3000 Rock Creek Reservoir Policies and objectives for fish management in Rock Creek Reservoir in the lower Deschutes River Subbasin. (1) Policies for fish management in Rock Creek Reservoir: (a) Fingerling, legal-sized, and surplus brood rainbow trout shall be managed for hatchery production consistent with the Basic Yield Management Alternative (OAR 635-500-0115(4)); (b) Illegally introduced largemouth bass, brown bullhead and bluegill shall be managed for natural production consistent with the Basic Yield Management Alternative for warmwater game fish (OAR 635-500-0055(1)(d)); (c) Rock Creek Reservoir shall be managed primarily for trout production. (2) Objectives for fish management in Rock Creek Reservoir: (a) Provide a diverse, consumptive angling opportunity for hatchery trout and warmwater game fish; (b) Minimize impacts of hatchery trout stocked in Rock Creek Reservoir on the production and genetic integrity of wild redband trout populations above and below the reservoir; (c) Enhance fish habitat for adult production and juvenile rearing; (d) Minimize annual lake level fluctuations associated with irrigation drawdown at Rock Creek Reservoir; (e) Provide additional or improved boat access at Rock Creek Reservoir during low water conditions. 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
635-500-3010 Trout, Whitefish and Miscellaneous Species in Flowing Waters Policies and objectives for trout, whitefish and miscellaneous species in flowing waters fish management in the lower Deschutes River Subbasin. (1) Policies for trout, whitefish and miscellaneous species in flowing waters fish management in the lower Deschutes River Subbasin: Wild rainbow and bull trout, whitefish and introduced brook trout shall be managed for natural production consistent with the Wild Fish alternative of Oregon’s Trout Plan. No hatchery trout or whitefish shall be stocked in the lower Deschutes River and tributaries. (2) Objectives for trout, whitefish and miscellaneous species in flowing waters fish management in the lower Deschutes River Subbasin: (a) Maintain the genetic diversity, adaptiveness, and abundance of the wild indigenous rainbow trout, bull trout, and mountain whitefish in the lower Deschutes River and in the tributaries of the lower Deschutes River; (b) Provide the opportunity for consumptive harvest of wild trout in the lower Deschutes River Subbasin; (c) Maintain a population of rainbow trout of 1,500 to 2,500 fish per mile larger than 8 inches in length in the lower Deschutes River from Pelton Reregulating Dam to Sherars Falls. Maintain a population of rainbow trout of 750 to 1,000 fish per mile larger than 8 inches in length in the lower Deschutes River below Sherars Falls; (d) Maintain a population size distribution in the lower Deschutes River such that 30% of the population (fish > 8 inches in length) is larger than 12 inches in length, as measured at the Jones study section, the Nena Creek study section and in a study section upstream from White Horse Rapids; (e) Releases of hatchery reared salmonids into Lake Simtustus shall not impact indeginous species in the lower Deschutes River downstream from the Reregulating Dam. 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
635-500-3020 Indigenous Species Policies and objectives for indigenous species fish management in the lower Deschutes River Subbasin. (1) Policies for indigenous species fish management in the lower Deschutes River Subbasin: Manage all indigenous species of fish in the lower Deschutes River and its tributaries to sustain the tribal cultural and subsistence needs, while providing the structural, functional and biological requirements to insure ecosystem viability. (2) Objectives for indigenous species fish management in the lower Deschutes River Subbasin: Protect populations of all indigenous species of fish in the lower Deschutes River Subbasin. 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
635-500-3030 Summer Steelhead Policies and objectives for summer steelhead fish management in the lower Deschutes River Subbasin. (1) Policies for summer steelhead fish management in the lower Deschutes River Subbasin: (a) Hatchery reared summer steelhead shall continue to be released in the lower Deschutes River Subbasin; (b) Angler induced hooking mortality of wild lower Deschutes River summer steelhead shall be reduced or eliminated when estimated escapement levels of 1,000 wild summer steelhead or less over Sherars Falls occur for three consecutive years. (2) Objectives for summer steelhead fish management in the lower Deschutes River Subbasin: (a) Maintain an estimated escapement of 6,575 wild adults over Sherars Falls annually; (b) Provide a recreational fishery based on wild summer steelhead, out-of-Subbasin stray hatchery summer steelhead and lower Deschutes River origin hatchery summer steelhead returns. 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
635-500-3040 Spring Chinook Salmon Policies and objectives for spring chinook salmon fish management in the lower Deschutes River Subbasin. (1) Policies for spring chinook salmon fish management in the lower Deschutes River Subbasin: The lower Deschutes River Subbasin shall be managed for wild and hatchery spring chinook salmon. (2) Objectives for spring chinook salmon fish management in the lower Deschutes River Subbasin: (a) Achieve a spawning escapement level between an optimum of 1,300 and a minimum of 1,000 adult wild spring chinook salmon above the barrier dam at Warm Springs National Fish Hatchery; (b) Provide the opportunity to harvest wild spring chinook salmon when returns are greater than the optimum wild adult spawning escapement of 1,300 adults and Round Butte Hatchery and Warm Springs National Hatchery origin spring chinook salmon that are excess to brood stock needs; (c) Increase harvest opportunity of hatchery spring chinook salmon within existing hatchery production levels. 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
635-500-3050 Fall Chinook Salmon Policies and objectives for fall chinook salmon fish management in the lower Deschutes River Subbasin. (1) Policies for fall chinook salmon fish management in the lower Deschutes River Subbasin: No hatchery fall chinook salmon shall be released into the lower Deschutes River and its tributaries. (2) Objectives for fall chinook salmon fish management in the lower Deschutes River Subbasin: (a) Achieve a minimum annual spawning escapement of 4,000 adult fall chinook in the lower Deschutes River of which 2,000 adult fall chinook return above Sherars Falls; (b) Provide the opportunity to harvest wild fall chinook when the return is greater than the minimum spawning escapement objective of 3,000 adults. 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
635-500-3060 Warmwater Gamefish Policies and objectives for warmwater gamefish management in the lower Deschutes River Subbasin. (1) Policies for warmwater gamefish management in the lower Deschutes River Subbasin: (a) Warmwater fish in the lower Deschutes River Subbasin shall be managed for natural production consistent with the Basin Yield Management Alternative for warmwater fish (OAR 635-500-0055(1)(d)); (b) Largemouth bass, bluegill and black crappie are the only species of warmwater fish that shall be considered for introductions in small ponds within the Subbasin; (c) To protect native species and desired introductions, such as largemouth bass, bluegill and black crappie, other species of exotic fish, including but not limited to smallmouth bass, spotted bass, yellow perch, channel catfish and all other members of the catfish family, walleye, northern pike, striped bass, muskellunge, hybrid bass, koi and grass carp shall not be approved for new introductions in public or private ponds in the lower Deschutes River Subbasin. (2) Objectives for warmwater gamefish management in the lower Deschutes River Subbasin: (a) Promote warmwater fisheries as a recreational alternative in isolated waters in the lower Deschutes River Subbasin in locations that do not harm indigenous species; (b) Minimize illegal introductions of undesirable warmwater species into the lower Deschutes River Subbasin; (c) Regularly inventory public water bodies that support warmwater fish; (d) Maintain or develop public access at water bodies managed for warmwater fisheries. 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
635-500-3070 Public Access Policies and objectives for public access management in the lower Deschutes River Subbasin. (1) Policies for public access management in the lower Deschutes River Subbasin: (a) The Oregon Department of Fish and Wildlife (ODFW) shall recognize other resource and recreation plans in effect in the lower Deschutes River Subbasin. ODFW shall work cooperatively with other agencies to maintain or increase boat access and shoreline angler access 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 the guidelines and objectives for management of fish and their habitat; (c) ODFW shall attempt to maintain public access at all existing public access sites in the White River system; (d) ODFW shall pursue possible easements or land purchases to create new public access at key sites throughout the planning area, on a willing seller-willing buyer basis. (2) Objectives for public access management in the lower Deschutes River Subbasin: (a) Improve the distribution of people angling on the lower Deschutes River by supporting other agencies in the development of new parking areas and the improvement of designated launch sites and foot trails; (b) ODFW shall continue to work with other agencies and landowners to both maintain existing public access sites and to develop new ones; (c) ODFW shall not pursue increased public angling access to Buck Hollow, Bakeoven, or Trout creeks; (d) ODFW shall work with other agencies and private landowners to develop new reservoirs or ponds, or public access to existing reservoirs and ponds for additional public angling opportunity. 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
635-500-3100 Upper Deschutes River Fish Management — Applicability OAR 635-500-3100 through 635-500-3300 apply to the Upper Deschutes River Subbasin of the Deschutes River. The Upper Deschutes River Subbasin is defined as the Deschutes River and its tributaries from Lake Billy Chinook (River Mile 120) to the headwaters of the river at Little Lava Lake (River Mile 252), natural lakes, and impoundments, located in Deschutes and Klamath Counties. The Crooked and Metolius Rivers, while they are a part of the Upper Deschutes Subbasin, have been treated separately for purposes of fish management, and are addressed by OARs 635-500-1800 through 635-500-1940. 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