justicedao/ipfs_state_laws huggingface dataset:
635-500-0020 Steelhead Management Goals and Objectives The Department shall proceed with programs and other efforts to achieve the following statewide goals and objectives, consistent with applicable law, agency policy and rule, and recognizing funding priorities for the agency. Goals of steehead management are to: (1) Sustain healthy and abundant wild populations of steelhead. The Steelhead Management Plan defines “healthy population” as a population that maintains a high level of productivity and adaptive capacity. Objectives under this goal are to: (a) Protect and restore spawning and rearing habitat; (b) Provide safe migration corridors; (c) Protect wild populations from overharvest; (d) Protect wild steelhead populations from detrimental interactions with hatchery fish; and (e) Monitor the status of wild steelhead populations so that long-term trends in populations can be determined: (2) Provide recreational, economic, cultural and aesthetic benefits from fishing and non-fishing uses of steelhead. Specific objectives are to: (a) Provide a harvest for treaty tribes without overharvesting wild fish; (b) Provide recreational angling opportunities reflecting the desires of the public while minimizing impacts on wild fish; and (c) Increase non-angling uses that provide recreation and broaden public understanding of steelhead and habitat programs. (3) Involve the public in steelhead management and coordinate Oregon Department of Fish and Wildlife actions with the tribes and with other agencies. Objectives include: (a) Increase public awareness of steelhead and related fishery management issues; (b) Provide a forum for public involvement in steelhead management; and (c) Coordinate Oregon Department of Fish and Wildlife steelhead management activities with other habitat and fishery managers. Statutory/Other Authority: ORS 496.012, 496.435, 506.036 & 506.109 Statutes/Other Implemented: ORS 496.012, 496.435, 506.036 & 506.109 History: FWC 37-1995, f. 5-3-95, cert. ef. 5-5-95 FWC 55-1986, f. & ef. 9-9-86 FWC 34-1986, f. & ef. 8-7-86
635-500-0055 Objectives of Warmwater Game Fish Management The Department shall proceed with programs and other efforts to achieve the following statewide objectives, consistent with applicable law, agency policy and rule, and recognized funding priorities for the agency. The Warmwater Game Fish Management Plan will provide specific guidance for the production, harvest and management of warmwater game fish statewide, consistent with these objectives: (1) Provide diversity of angling opportunities, including opportunities for: (a) Trophy angling. Management for trophy angling will emphasize low harvest and maintenance of large fish in the populations; (b) Quality angling. Management for quality angling will promote above average sizes and moderate regulation; (c) High yield angling. Management for high yield angling will promote harvest for consumption; (d) Basic yield angling. Management for basic yield angling will be low key, with minimal regulation and little intervention in natural processes. (2) Expand distribution by stocking warmwater species where habitat is suitable and expansion is consistent with fish management programs, including: (a) Developing additional warmwater fisheries where suitable habitat is identified; (b) Evaluating predators and forage fishes to fulfill existing biological needs; (c) Developing additional two-story (e.g., warmwater-trout) fisheries, consistent with fish introduction guidelines; (d) Developing sources of artificially propagated fishes to meet needs for stocking of warmwater game fish; (e) Developing other source than artificial propagation to supply fishes for stocking, including transfer of wild fish from public waters or established of populations in private ponds for stocking; (f) Introduction of species not now found in Oregon which can be used more effectively than indigenous species to manage some waters, consistent with fish introduction guidelines. (3) Increasing angling opportunities and use of warmwater species where desirable, including: (a) Directing angling effort toward increased use of yellow perch, bluegill, bullheads, and crappies; (b) Increasing angling opportunities statewide, particularly bank angling in the Portland to Cottage Grove corridor. (4) Maintain, restore, and enhance populations of warmwater game fishes in individual waters, including: (a) Preventing declines in existing fisheries; (b) Improving fisheries not meeting management plan objectives; (c) Improving performance of warmwater game fishes under Oregon conditions. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 77-1987, f. & ef 9-15-87
635-500-0100 Trout Management Selection Criteria Management options for protection and enhancement of wild stocks are contained in OAR 635-007-0525. Criteria for the management option selection process follow: (1) Select for Option (1)(a) of 635-007-0525 (manage exclusively for wild fish) if: (a) The wild population is self-sustaining and multiple age classes are present; (b) Natural production meets fishery objectives; (c) Habitat is available or potentially available to support a wild population. (2) Select for Option (1)(b) of OAR 635-007-0525 (manage for wild and hatchery fish) if: (a) The wild population is self-sustaining and multiple age classes are present; (b) Natural production does not meet fishery objectives; (c) Habitat is available or potentially available to support a wild population; (d) Introduction of trout species or stocks will not seriously affect native species or stocks. (3) Select for Option (1)(c) of OAR 635-007-0525 (management for hatchery fish) if: (a) A healthy self-sustaining population of wild fish is not present; (b) There is little habitat potential for natural production. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 93-1987, f. & ef. 10-30-87
635-500-0105 Trout Management Guidelines The following guidelines by management option apply to management of trout: (1) Option (1)(a) of OAR 635-007-0525 — Manage exclusively for wild fish: (a) No hatchery trout will be stocked; (b) Habitat protection, rehabilitation, and enhancement are the primary management activities; (c) Harvest and angling effort will be regulated in accordance with the management alternative selected. (2) Option (1)(b) of OAR 635-007-0525 — Manage for wild and hatchery fish: (a) Habitat protection, rehabilitation, and enhancement are essential to maintaining wild trout production; (b) Hatchery stocks shall be used for target fisheries. When hatchery stocks are released to supplement, rehabilitate, or enhance the existing wild stock, they should be as genetically similar to the existing wild stocks as possible; (c) Introduction of non-native stocks and species must be approved through the Stocking Policy Review Process. This review is a very detailed procedure, used by anyone who proposes to introduce a stock or species into Oregon waters where they do not or have not existed in the past; (d) Harvest and angling impact will be regulated in accordance with the management alternative selected. (3) Option (1)(c) of OAR 635-007-0525 — Manage for hatchery fish: (a) Introduction of non-native stocks must be approved through the Stocking Policy Review Process; (b) Special harvest regulations may be applied to maximize the catch of hatchery trout. (4) There are three general guidelines for use of hatchery trout common to options (1)(b) and (c) of OAR 635-007-0525: (a) Yearling rainbow trout will not be stocked in streams that are not presently stocked unless approved by the Commission in a subbasin management plan; (b) Stocking of yearling rainbow trout will be discontinued or modified where the return to the angler is consistently less than 40 percent of the number released; (c) Brood stocks selected to contribute to natural production in streams managed for Option (1)(b) of OAR 635-007-0525 will contain a sufficient number of adults (i.e., effective population size) so that the genetic fitness of the wild stock can be maintained. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 93-1987, f. & ef. 10-30-87
635-500-0110 Option Movement Criteria In order to move from one option to another the following criteria apply: (1) Option (1)(c) to (1)(b) of OAR 635-007-0525: (a) Habitat improves to allow development of a significant self-sustaining population from hatchery or wild parents; (b) Harvest management will allow development of self-sustaining natural production. (2) Option (1)(b) to (1)(a) of OAR 635-007-0525: (a) Habitat improves to allow development of a self-sustaining population from wild parents; (b) The naturally produced population is able to meet fishery objectives. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 93-1987, f. & ef. 10-30-87
635-500-0120 Objectives of Trout Management The Department shall proceed with programs and other efforts to achieve the following statewide objectives, consistent with applicable law, agency policy and rule, and recognized funding priorities for the agency. The Statewide Trout Plan will provide specific guidance for the production, harvest and management of trout statewide, consistent with the following objectives: (1) Maintain the genetic diversity and integrity of wild trout stocks throughout Oregon: (a) Strategy 1 — Identify wild trout stocks in the state; (b) Strategy 2 — Minimize the adverse effects of hatchery trout on biological characteristics, genetic fitness, and production of wild stocks; (c) Strategy 3 — Establish priorities for the protection of stocks of wild trout in the state; (d) Strategy 4 — Evaluate the effectiveness of trout management programs in providing the populations of wild trout necessary to meet the desires of the public; (e) Strategy 5 — Update statewide physical and biological surveys of wild trout waters under a standard sampling program. (2) Protect, restore, and enhance trout habitat: (a) Strategy 1 — Continue to strongly advocate habitat protection with land and water management agencies and private landowners; (b) Strategy 2 — Identify irreplaceable habitat that supports stocks of wild trout and seek stringent protection of that habitat; (c) Strategy 3 — Develop an index with land management agencies for monitoring habitat changes; (d) Strategy 4 — Restore and enhance trout habitat and evaluate the effectiveness of enhancement projects. (3) Provide a diversity of trout angling opportunities: (a) Strategy 1 — Determine the desires and needs of anglers; (b) Strategy 2 — Use management alternatives for classifying wild trout waters to provide diverse fisheries; (c) Strategy 3 — Conduct an inventory of public access presently available to trout waters in the state. (4) Determine the statewide management needs for hatchery trout: (a) Strategy 1 — Summarize information on the current hatchery program and determine necessary changes; (b) Strategy 2 — Conduct studies to investigate methods to improve the hatchery trout program (e.g., migration behavior of yearling trout, resistance to disease, sterilization, competition, etc.); (c) Strategy 3 — Decrease dependency on hatchery trout for trout management; (d) Strategy 4 — Evaluate the effectiveness of hatchery trout management programs in meeting the desires of the public. (5) Enhance the public awareness of Oregon’s trout resources: (a) Strategy 1 — Promote values of Oregon’s wild trout resources; (b) Strategy 2 — Increase the involvement of the STEP program in the enhancement of trout; (c) Strategy 3 — Publicize Oregon’s trout management program through the ODFW Office of Public Affairs. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 93-1987, f. & ef. 10-30-87
635-500-0200 Management Objectives for North Umpqua River Below Soda Springs Dam The Department of Fish and Wildlife will emphasize summer and winter steelhead and spring chinook in the North Umpqua River below Soda Springs Dam. Coho shall be managed for the production of naturally produced coho with an option for a hatchery program consistent with provisions in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon). Fall Chinook will be emphasized in other areas where better habitat exists. The Department shall proceed with programs and other efforts to achieve the following objectives, consistent with state law, agency policy and rule, and recognizing funding priorities for the agency. The following objectives will govern management of salmonid populations in the North Umpqua River basin below Soda Springs Dam. (1) All issues related to management of salmon (except coho), steelhead, and cutthroat trout in this area are addressed in the Coastal Multi-Species Conservation and Management Plan (OAR 635-500-6775). (2) Coho: (a) Recover the naturally produced coho population in the North Umpqua River Basin consistent with the six measurable criteria for desired status contained in OAR 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon). (b) Recover Umpqua River Basin naturally produced coho salmon sufficiently to prevent restrictions on fisheries targeting other species or fin clipped hatchery coho, and sufficiently to provide for future harvest in the North Umpqua Basin consistent with 635-500-6500 (Oregon Coast Coho Conservation Plan for the State of Oregon). Statutory/Other Authority: ORS 496.138, 496.146 & 506.119 Statutes/Other Implemented: ORS 506.109 & 506.129 History: DFW 77-2014, f. & cert. ef. 6-24-14 DFW 60-2014, f. & cert. ef. 6-10-14 DFW 22-2007, f. & cert. ef. 4-5-07 FWC 12-1986, f. & ef. 4-17-86, Renumbered from 635-500-0001
635-500-0205 Willamette Subbasins — Organization of Rules Oregon Administrative Rules 635-500-0205 through 635-500-0218 previously described fish management for the Willamette Basin. The Willamette Basin Fish Management Plan has been superseded by fish management plans for each of the subbasins comprising the Willamette Basin. Accordingly, OAR 635-500-0206 through 635-500-0218 have been replaced by 635-500-0790 through 635-500-1660. The Willamette Basin Fish Management Plan for Spring Chinook sections of specific subbasins: 635-500-1661 through 635-500-1663, and 635-500-1665 and 635-500-1665, have been superseded by spring Chinook OARs in the subbasins. Administrative rules for the Willamette River mainstem and principle subbasins are organized as follows: (1) OAR 635-500-0266 through 635-500-0276 cover habitat management objectives and fish management policies and operating principles in the McKenzie River subbasin. (2) OAR 635-500-0790 through 635-500-0800 cover general fish management policies and habitat management objectives that are applicable to all subbasins and the Mainstem Willamette River. (3) OAR 635-500-0810 through 635-500-0900 cover habitat management objectives and fish management policies and operating principles in the Clackamas River subbasin. (4) OAR 635-500-0910 through 635-500-0990 cover habitat management objectives and fish management policies and operating principles in the Coast Fork Willamette River subbasin. (5) OAR 635-500-1000 through 635-500-1090 cover habitat management objectives and fish management policies and operating principles in the Willamette Coast Range subbasins. (6) OAR 635-500-1100 through 635-500-1140 cover habitat management objectives and fish management policies and operating principles in the Long Tom River subbasin. (7) OAR 635-500-1150 through 635-500-1270 cover habitat management objectives and fish management policies and operating principles in the Mainstem Willamette River. (8) OAR 635-500-1280 through 635-500-1360 cover habitat management objectives and fish management policies and operating principles in the Middle Fork Willamette River subbasin. (9) OAR 635-500-1370 through 635-500-1470 cover habitat management objectives and fish management policies and operating principles in the Molalla and Pudding River subbasin. (10) OAR 635-500-1480 through 635-500-1600 cover habitat management objectives and fish management policies and operating principles in the Santiam River and Calapooia River subbasins. (11) OAR 635-500-1610 through 635-500-1660 cover habitat management objectives and fish management policies and operating principles in the Tualatin River subbasin. (12) OAR 635-500-1664 covers spring Chinook management objectives in the Mainstem Willamette River. (13) OAR 635-500-6600 covers the implementation of a recovery plan for seven Chinook populations and four steelhead populations. 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 FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92 FWC 106-1987, f. & ef. 12-18-87
635-500-0266 McKenzie Subbasin Fish Management — Applicability OAR 635-500-0266 through 635-500-0276 apply to the Mckenzie River subbasin which includes the mainstem McKenzie River, its tributaries, and Leaburg Pool. These rules are in addition to, and not in lieu of, rules which apply to the Willamette River Basin. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 4-1988, f. & cert. ef. 1-29-88
635-500-0267 McKenzie Subbasin Habitat Objectives for habitat management in the McKenzie River subbasin: (1) Promote habitat conditions that contribute to achieving the desired status of spring Chinook salmon identified in the Upper Willamette Conservation and Recovery Plan for Chinook salmon and steelhead (OAR 635-500-6600). This includes, but is not limited to, the following actions: (a) Maintain and improve upstream and downstream passage for anadromous fish at dams, diversions, power projects, and, where appropriate, at natural barriers; (b) Provide necessary in-stream flows for fish production; (c) Reduce the impacts of reservoir management on fish production; (d) Protect existing stream habitat from degradation associated with timber harvest and other related activities on forested lands, with road construction, and with development on private and agricultural lands; (e) Inventory streams and assess watershed characteristics that affect fish production. (2) Promote habitat conditions for other species where they may be different than for spring Chinook. 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 4-1988, f. & cert. ef. 1-29-88
635-500-0269 Summer Steelhead (1) The following policy applies to summer steelhead in the McKenzie River Subbasin: Summer steelhead will be managed for production and harvest of hatchery fish — Option (1)(c) OAR 635-007-0525 of the Wild Fish Management Policy. (2) In accordance with this policy, it is the objective of the Department to: (a) Provide an average annual sport catch of 1,200 adult summer steelhead produced from a maximum release of 120,000 smolts; (b) Reduce the potential impact of summer steelhead on the production of native trout and spring chinook; (c) Develop a brood stock from adults returning to the McKenzie River to produce smolts for the McKenzie and Middle Fork Willamette Subbasins. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 4-1988, f. & cert. ef. 1-29-88
635-500-0270 Winter Steelhead It is the policy of the Department that winter steelhead will not be released in the McKenzie River Subbasin. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 4-1988, f. & cert. ef. 1-29-88
635-500-0271 Spring Chinook Salmon Policy and objectives for wild and hatchery spring Chinook salmon management in the McKenzie River subbasin: (1)(a) Policy: Consistent with achieving the desired status for spring Chinook salmon identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600), the McKenzie subbasin shall be managed for production of wild and hatchery spring Chinook. (b) The area above Leaburg Dam shall be managed for the production of wild spring Chinook, and the area below Leaburg dam will be managed for production of wild and hatchery spring Chinook. (2) Objectives: (a) Achieve the desired status for spring Chinook salmon in the McKenzie subbasin identified in the Upper Willamette River Conservation and Recovery Plan for Chinook Salmon and Steelhead (OAR 635-500-6600); (b) Achieve full mitigation for Willamette River spring Chinook populations reduced or extirpated due to dam construction and operations; (c) Monitor the status of the spring Chinook run in the McKenzie River subbasin; (d) Maintain the gene resources of wild McKenzie spring Chinook; (e) Maintain hatchery fish genetic diversity, to assure that hatchery populations do not pose a risk to wild populations, meet the management objectives for which they are produced, and maintain their optimum biological and economic value; (f) As consistent with desired status goals in the Recovery Plan, provide opportunity to catch 1,000 spring Chinook in the McKenzie River sport fishery. 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 FWC 4-1988, f. & cert. ef. 1-29-88
635-500-0272 Fall Chinook It is the policy of the Department that fall chinook will not be stocked in the McKenzie Subbasin. In accordance with this policy it is the objective of the Department to minimize production of fall chinook in the Mckenzie River Subbasin. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 4-1988, f. & cert. ef. 1-29-88
635-500-0273 Coho It is the policy of the Department that coho will not be stocked in the McKenzie Subbasin. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 4-1988, f. & cert. ef. 1-29-88
635-500-0274 Mountain Whitefish It is the objective of the Department to increase public awareness of the angling opportunities for whitefish. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 4-1988, f. & cert. ef. 1-29-88
635-500-0275 Miscellaneous Species It is the objective of the Department to maintain viable populations of native fish species not addressed separately in OAR 635-500-0268 through 635-500-0274. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 4-1988, f. & cert. ef. 1-29-88
635-500-0276 Angling Access (1) The following policies apply to angling access in the McKenzie River Subbasin: (a) The Department will 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 will be consistent with guidelines and objectives for management of fish species and habitat. (2) In accordance with these policies, it is the objective of the Department to: (a) Maintain permanent access for boat anglers at an average of one access site per two to three miles of the mainstem upstream to Ollalie Campground; (b) Increase bank angling access, especially from the mouth upstream to Blue River. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 4-1988, f. & cert. ef. 1-29-88
635-500-0285 Malheur Basin Fish Management — Organization of Rules Administrative rules for the Malheur Basin are organized as follows: (1) OAR 635-500-0290 through 635-500-0300 apply to all waters of the Malheur Basin. (2) OAR 635-500-0305 through 635-500-0325 apply to specific areas of the Malheur Basin and appear in order beginning in headwater areas and proceeding downstream, with reservoirs listed last. Statutory/Other Authority: ORS 496 & 506 Statutes/Other Implemented: ORS 496 & 506 History: FWC 81-1990, f. 8-7-90, cert. ef. 8-9-90