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State
Oregon Regulations
CHAP 635 DEPARTMENT OF FISH AND WILDLIFE DIVISION 500 FISH MANAGEMENT PLANS
The Oregon Administrative Rules contain OARs filed through July 14, 2006
DEPARTMENT OF FISH AND WILDLIFE
DIVISION 500
FISH MANAGEMENT PLANS
Purpose
635-500-0002
Purpose
The administrative rules contained in this division are the legally enforceable elements of fish management plans. Fish management plans are comprehensive documents which the Department regards both as a means to implement policy and as an explanation of the intent and rationale of management direction. Plans contain factual background material, statements of the rationale for selection of objectives, strategies to be applied to attain objectives, and statements of general priorities for various actions. Copies of all plans are available from the Department.
Stat. Auth.: ORS 496.138, ORS 496.146, ORS 496.162, ORS 506.109, ORS 506.119, ORS 506.129 & ORS 506.720
Stats. Implemented: ORS 496.138, ORS 496.146, ORS 496.162, ORS 506.109, ORS 506.119, ORS 506.129 & ORS 506.720
Hist.: FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92
Steelhead Management
635-500-0010
Steelhead Management Policy
These rules are established to guide management and conservation of steelhead (Oncorhynchus mykiss) in Oregon. It is the policy of the State of Oregon that steelhead be managed as a game fish. This management plan fulfills OAR 635-007-0515 which states resources of the state shall be managed according to management plans. Additional guidance is provided by Fish Management Goals (OAR 635-007-0510), Natural Production Policy (OAR 635-007-0521 through 635-007-0524), Wild Fish Management Policy (OAR 635-007-0525 through 635-007-0535), Wild Fish Gene Resource Conservation Policy (OAR 635-007-0536 through 635-007-0538) and Hatchery Fish Gene Resource Management Policy (OAR 635-007-0540 through 635-007-0541).
Stat. Auth.: ORS 496.012, ORS 496.435, ORS 506.036 & ORS 506.109
Stats. Implemented: ORS 496.012, ORS 496.435, ORS 506.036 & ORS506.109
Hist.: FWC 34-1986, f. & ef. 8-7-86; FWC 55-1986, f. & ef. 9-9-86; FWC 37-1995, f. 5-3-95, cert. ef. 5-5-95
635-500-0015
Steelhead Habitat Protection Policy
The Department recognizes that attrition and degradation of habitat is a serious threat to maintenance of healthy and diversified populations of steelhead. Implementation of state and federal laws for conservation of fish habitat, including those contained in the Wildlife and Commercial Fishing Codes, is essential to sustaining a strong habitat base. Therefore, consistent with OAR 635-007-0515(6), the Department will maintain or enhance the total total capacity of habitats supporting steelhead trout in Oregon by cooperating fully with other agencies to implement laws and develop coordinated resource management programs. The Department will also work with private organizations and individuals to achieve, where possible, mutually satisfactory solutions to conflicts between the objectives of other parties and this policy.
Stat. Auth.: ORS 496
Stats. Implemented: ORS 496
Hist.: FWC 34-1986, f. & ef. 8-7-86; FWC 55-1986, f. & ef. 9-9-86
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.
Stat. Auth.: ORS 496.012, ORS 496.435, ORS 506.036 & ORS 506.109
Stats. Implemented: ORS 496.012, ORS 496.435, ORS 506.036 & ORS506.109
Hist.: FWC 34-1986, f. & ef. 8-7-86; FWC 55-1986, f. & ef. 9-9-86; FWC 37-1995, f. 5-3-95, cert. ef. 5-5-95
Warmwater Game Fish Management
635-500-0045
Wild Fish Management Policy
Management options for protection and enhancement of wild stocks are contained in OAR 635-007-0525. In addition, the following guidelines by management option apply only to management of nonendemic warmwater game fishes:
(1) Option (1)(a) of OAR 635-007-0525 -- Manage for wild fish:
(a) The intent of management under this option is to insure that the adaptability of wild stocks is not diminished by hatchery stocks;
(b) Wild stocks will be used to establish populations. Donor stocks that show life history or behavioral characteristics believed to improve survival and growth of populations in the basin must be used;
(c) Any nonlocal stock purposed as a donor will be reviewed for:
(A) Life history characteristics in comparison to local stocks;
(B) Goals of the introduction;
(C) Estimated costs; and
(D) Possible consequences on the fish management objectives for all species in the basin.
(d) If production of wild fish in the basin is believed to be limited by some existing habitat condition, attempts to increase abundance of fish will consist of improvements to habitat;
(e) If production of wild fish in the basin is believed to be lower than the present habitat can support, short-term stocking of fry, fingerling, or adults may be used in an attempt to achieve maximum sustained production. Under these circumstances, the stocking program will not exceed five years. During the stocking period, an evaluation procedure will be established to determine the effectiveness of the stocking program. Donor stocks must meet the criteria listed in subsections (1)(b) and (c) of this rule.
(2) Option (1)(b) of OAR 635-007-0525 -- Manage for wild and hatchery fish:
(a) The intent of management under this option is to insure that the range of biological characteristics, adaptability, and production of the wild stock are not reduced by interactions with hatchery fish;
(b) Habitat protection and enhancement are essential to maintaining production for wild fish in the system;
(c) Hatchery fish may be used on a routine, ongoing basis in order to increase the abundance of adults over the number that would be present under reliance on natural production alone;
(d) Hatchery programs will use fish believed adapted to survival, growth, and adaptability in the basin. The best adapted of acceptable donor stocks will be used. Nonlocal stocks will meet the criteria of guideline in subsection (1)(c) of this rule;
(e) If beneficial alteration of genetic adaptability of the wild population is desired, hatchery fish will be released in sufficient numbers and over a sufficient time period to substantially alter life history characteristics;
(f) Special restrictions may be imposed to protect hatchery stocks released for the purpose of breeding with stocks currently present.
(3) Option (1)(c) of OAR 635-007-0525 -- Manage for hatchery fish:
(a) The intent of management under this option is to:
(A) Achieve the maximum possible benefits from production of hatchery fish; and
(B) Maintain natural production at the highest level possible without restricting the hatchery program.
(b) Habitat protection and enhancement are essential to maintaining the productive capacity of wild fish in the system;
(c) The hatchery program must use a well adapted local or other stock believed able to survive and grow in the basin as a basis for developing a hatchery population that will achieve goals of the hatchery program. Nonlocal stocks will meet the criteria of subsection (1)(c) of this rule;
(d) The magnitude of the hatchery program will not be limited to regulating the effects on wild stocks of the same species within the basin. The magnitude of the hatchery program may be limited to regulating the effects on other fish species in the basin, depending on management objectives for those species.
Stat. Auth.: ORS 496 & ORS 506
Stats. Implemented: ORS 496 & ORS 506
Hist.: FWC 77-1987, f. & ef. 9-15-87
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.
Stat. Auth.: ORS 496 & ORS 506
Stats. Implemented: ORS 496 & ORS 506
Hist.: FWC 77-1987, f. & ef 9-15-87
635-500-0060
Guidelines for Introductions of Warmwater Game Fishes
The following guidelines will be used in determining whether or not to introduce exotic warmwater game fish into Oregon:
(1) Endemic anadromous salmonids and wild endemic resident trout must be protected.
(2) Warmwater game fishes may be introduced into waters managed with fingerling hatchery trout only when there is a reasonable expectation of a greater net benefit to the fishery than when trout alone are used.
(3) Introduction of warmwater game fish will not be constrained by use of catchable rainbow trout.
(4) Existing fisheries substantially reaching management plan objectives (and meeting guidelines for return of hatchery fish, etc.) are favored over changes in fish species or management. Changes should be made to improve management, not simply to make if different. Caution must be exercised to avoid impacts to successful programs.
(5) Stocking new waters and changing current management must be based on a demonstrable probability of success (i.e., desirable growth and survival rates, favorable size distribution in fishery, and diversification of fishery) based on experiences elsewhere. Introductions should be approached on the basis of success in similar situations, or experiences that suggest the proposed action would be successful. Only those introductions for which a strong case can be built on observed and expected benefits should be approved. An exception may be made for purely experimental releases, where that status is made clear and unrealistic public or agency expectations are not created.
(6) Illegal introductions do not have a status in management decisions until accepted in an adopted management plan. A new species occurring in a water is not officially integrated into management for the new species until management plans are adopted or revised. Illegal introductions should not drive management decisions without opportunity for agency and public review. Otherwise, unauthorized fish stocking will supersede agency fish management objectives.
(7) Proposed introductions should meet the following conditions:
(a) Introduction to public waters must fill a recognized biological need;
(b) In addition, introductions in public waters must support a substantive fishery with appeal to anglers and contribute to the diversity of management or they must contribute to sport fisheries as forage for game fishes. The introduction must be demonstrably beneficial, based on experiences under similar or comparable conditions elsewhere;
(c) No fish will be introduced into any waters until a determination has been made that the introduction will not cause indigenous wildlife to become threatened or endangered;
(d) If the introduction is of a species already found in Oregon, the stock selected must not reduce genetic adaptability to Oregon conditions;
(e) For fish introduced into public waters, a source of fish or eggs must be identified with expectation of dependable production for five years or long enough to established a viable population, whichever is shorter. Annual production and acquisition costs and costs of any new production facilities must be estimated and a source of funding identified;
(f) The introduction must be consistent with existing management plans, or be incorporated into a new management plan with public review;
(g) The introduction will be authorized only after submission to the established ODFW fish introduction proposal review process (according to "Guidelines for Fish Introductions or Transfers ") and consequent approval by the Chief of Fisheries;
(h) The fish stock, shipping station, watershed, and receiving waters must meet criteria established in OAR 635-007-0585 ("Import or transfer of fish restricted") and related rules dealing with transportation permits and fish health safeguards;
(i) For introduction into public waters, an evaluation of the ecological role, fishery contribution, and costs (biological and economic) of the introduced species growth must be made within six years.
[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]
Stat. Auth.: ORS 496 & ORS 506
Stats. Implemented: ORS 496 & ORS 506
Hist.: FWC 77-1987, f. & ef. 9-15-87
Trout Management
635-500-0100
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.
Stat. Auth.: ORS 496 & ORS 506
Stats. Implemented: ORS 496 & ORS 506
Hist.: FWC 93-1987, f. & ef. 10-30-87
635-500-0105
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.
Stat. Auth.: ORS 496 & ORS 506
Stats. Implemented: ORS 496 & ORS 506
Hist.: 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.
Stat. Auth.: ORS 496 & ORS 506
Stats. Implemented: ORS 496 & ORS 506
Hist.: FWC 93-1987, f. & ef. 10-30-87
635-500-0115
Management Alternatives
In addition to the three broad management options in OAR 635-007-0525 (Wild Fish Policy) the following six management alternatives, their criteria and guidelines, will be used in the management of trout:
(1) Wild Fish -- Management under the wild fish alternative is exclusively for wild fish Option (1)(a) of OAR 635-007-0525 (Wild Fish Policy). These fish may have significant genetic value and some populations will be recognized specifically for their uniqueness. Guidelines which apply are:
(a) No hatchery-reared trout will be released in these waters;
(b) Although ODFW does not have regulatory authority over most activities that affect aquatic habitat, it will actively pursue and promote habitat protection and enhancement. Habitat must be protected or enhanced, using a subbasin-wide approach, to maximize the productivity of the stock, conserve stock fitness and life history characteristics, and to maintain healthy trout populations with multiple-age classes. Specific coordination activities will be coordinated with land management agencies;
(c) Consumptive and nonconsumptive fisheries are encouraged. However, special regulations may be necessary to protect stock fitness and life history characteristics and to maintain healthy trout populations with multiple age classes;
(d) No new introductions of hatchery or wild species will be made unless proposed in a management plan, evaluated to determine impact on wild trout stocks, and approved by the Commission;
(e) The productive capacity of waters in this alternative will be maintained or enhanced so no net loss of natural fish production occurs;
(f) Unique native populations may require additional recognition for protection.
(2) Featured Species and Waters -- Management under this alternative emphasizes species or stocks that are uncommon or unique and waters that have historical benefit or potential for unique natural beauty, water quality, aesthetics or recreational capabilities. Species, stocks, or waters under this alternative can be managed as Options (1)(a), (b) or (c) of OAR 635-007-0525 (Wild Fish Policy). Guidelines which apply are:
(a) Habitat must be protected or enhanced to maintain and preserve the uniqueness of these stocks, species, or waters. Protection or enhancement activities will include a subbasin-wide approach via land management agencies to preserve unique natural beauty, water quality and volume, and aesthetic or recreational capabilities;
(b) The productive capacity of waters in this alternative will be maintained or enhanced so that no net loss of natural fish production occurs;
(c) Featured species or stocks will be managed to maintain their genetic diversity, stock fitness, and resulting life history characteristics;
(d) Special regulations may be necessary to protect the uniqueness of the featured stock, species, or waters. Consumptive and non-consumptive fisheries are encouraged;
(e) No new introduction of hatchery or wild species will be made unless proposed in a management plan, evaluated to determine effects on wild trout stocks, and approved by the Commission.
(3) Trophy Fish -- Certain waters are capable of producing large "bragging-size" trout. This alternative does not include publicizing all trophy trout waters in the state. Many anglers fish secret and favorite waters that produce some trophy trout. Waters that have limited access or capability to produce large fish without special habitat protection, regulation, or stocking procedures will be placed in other alternatives to preserve angler diversity. Management Options may be (1)(a), (b) or (c) of OAR 635-007-0525 (Wild Fish Policy). Guidelines which apply are:
(a) Habitat must be protected, restored, or enhanced to produce large trout;
(b) Species or stocks known to produce large trout will be managed to maintain genetic diversity, stock fitness, and resulting life history characteristics;
(c) Nonconsumptive fisheries are encouraged. Special regulations (catch limits, size restrictions, catch and release, and gear restrictions) may be necessary to protect these large fish and insure the population health and size diversity;
(d) Release of fingerling trout will be reduced below carrying capacity in some waters to produce large, naturally reared trout;
(e) The productive capacity of waters in this alternative will be maintained or enhanced so that no net loss of natural fish production occurs;
(f) No new introduction of hatchery or wild species will be made unless proposed in a management plan, evaluated to determine impact on wild trout stocks, and approved by the Commission.
(4) Basic Yield -- These waters are managed under Options (1)(a), (b), or (c) of OAR 635-007-0525 (Wild Fish Policy) to use their natural productivity and grow trout to a harvestable size with or without the addition of fingerling or yearling hatchery trout. Although trophy trout and unique fish species may be available, the major fisheries are of a general, consumptive nature without special regulations. Most of the trout available to the angler are from either naturally produced or from releases of hatchery fingerlings. Other species may be present and have fishery values equal to or greater than trout. Guidelines which apply are:
(a) Habitat must be protected and enhanced to optimize natural production potential of wild stocks and natural rearing capability from fingerling stocking;
(b) The productive capacity of waters in this alternative will be maintained or enhanced so that no net loss of natural fish production occurs. Problem waters can be transferred into a higher priority alternative;
(c) General regulations will be used to produce consumptive fisheries unless special regulations are needed to enhance trophy-sized fish or unique species or stocks without seriously restricting the major fisheries;
(d) Natural reproduction and fingerling stocking will provide he major fish production in this alternative. Stocking of yearling hatchery rainbow trout may also be used in some waters;
(e) Other species may have equal or priority status for some waters listed in this alternative;
(f) No new introduction of hatchery or wild species will be made unless proposed in a management plan, evaluated to determine effects on wild trout stocks, and approved by the Commission.
(5) Intensive Use -- These waters are managed under Options (1)(a), (b) or (c) of OAR 635-007-0525 (Wild Fish Policy). Waters managed for this alternative are apt to be near large population centers or attract intensive angler use because of easy accessibility or location of other water-oriented recreational facilities. Many of these waters can be used heavily by anglers for short periods (April, May, and June) and afterwards be used for sailboating, water skiing, swimming, and camping. Other waters can support fisheries year-round. Some of these water are stocked with yearling rainbow trout on a regular basis. Guidelines which apply are:
(a) Even with a consumptive fishery to large numbers of anglers, natural production supplemented with fingerling hatchery trout is the least expensive management program;
(b) Habitat protection and enhancement projects are necessary because of the intensive use and large number of recreation days provided. Year round protection is necessary in waters with natural rearing or natural production. Waters with marginal water quality and quality are still critically important to maintain these fisheries even for 2- or 3-month periods;
(c) General regulations will be used to produce consumptive fisheries but special regulations may be needed to protect wild trout under Option (1)(a) or (b) of OAR 635-007-0525;
(d) ODFW will continue to coordinate with other state and federal agencies to prevent conflicts with other water-related recreational activities.
(6) Private Waters and Reservations -- ODFW generally does not participate in the direct management of these waters except regarding the enforcement of applicable state statutes, policies, and administrative rules pertaining to stocking permits, fish diseases, prohibited species, and other factors that may affect the welfare of the state's natural resources.
Stat. Auth.: ORS 496 & ORS 506
Stats. Implemented: ORS 496 & ORS 506
Hist.: 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: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]
Stat. Auth.: ORS 496 & ORS 506
Stats. Implemented: ORS 496 & ORS 506
Hist.: FWC 93-1987, f. & ef. 10-30-87
Coastal Chinook Salmon Management
635-500-0130
Coastal Chinook Management Objectives
The Department shall proceed with programs and other efforts to achieve the following objectives for coastal chinook salmon, consistent with applicable law, agency policy and rule, and budget limitations for the agency. The Coastal Chinook Management Plan will provide specific guidance for the production, harvest, and management of chinook salmon that originate in coastal river basins, consistent with these objectives:
(1) Maintain healthy populations of wild chinook salmon in coastal river basins.
(2) Produce hatchery chinook salmon for specific fishery contribution purposes.
(3) Develop comprehensive management programs to protect chinook habitat in coastal river basins.
(4) Describe and manage gene resources represented in coastal chinook hatchery populations.
(5) Develop a genetic resource inventory database for wild populations of coastal chinook.
(6) Protect wild coastal chinook populations from detrimental genetic interactions with hatchery populations.
(7) Minimize detrimental genetic impacts of harvest on coastal chinook salmon populations.
(8) Minimize detrimental genetic changes in coastal chinook populations that may be caused by habitat alteration projects.
Stat. Auth.: ORS 496.138, ORS 496.146, ORS 496.162, ORS 506.109, ORS 506.119, ORS 506.129 & ORS 506.720
Stats. Implemented: ORS 496.138, ORS 496.146, ORS 496.162, ORS 506.109, ORS 506.119, ORS 506.129 & ORS 506.720
Hist.: FWC 144-1991, f. 12-31-91, cert. ef. 1-1-92
635-500-0135
Harvest Management Policy
The Department shall annually recommend harvest regulations for ocean mixed-stock and terminal area fisheries consistent with:
(1) Providing access by fisheries to harvestable surpluses of chinook salmon that may exist.
(2) Maintaining traditional in-river fisheries in most coastal river basins.
(3) Meeting spawning escapement goals in wild coastal chinook populations.
Stat. Auth.: ORS 496.138, ORS 496.146, ORS 496.162, ORS 506.109, ORS 506.119, ORS 506.129 & ORS 506.720
Stats. Implemented: ORS 496.138, ORS 496.146, ORS 496.162, ORS 506.109, ORS 506.119, ORS 506.129 & ORS 506.720
Hist.: FWC 144-1991, f. 12-31-91, cert. ef. 1-1-92
635-500-0140
Enhancement Policy
(1) The Department shall design and conduct management programs for chinook salmon in coastal river basins consistent with minimizing reliance on artificial propagation for:
(a) Supporting fisheries;
(b) Mitigating habitat loss; and
(c) Rehabilitating depressed populations.
(2) Basin management plans, when prepared or revised, shall address management activities necessary for conservation of sensitive or depressed chinook populations before addressing management activities designed to increase fish abundance in healthy chinook populations.
Stat. Auth.: ORS 496.138, ORS 496.146, ORS 496.162, ORS 506.109, ORS 506.119, ORS 506.129 & ORS 506.720
Stats. Implemented: ORS 496.138, ORS 496.146, ORS 496.162, ORS 506.109, ORS 506.119, ORS 506.129 & ORS 506.720
Hist.: FWC 144-1991, f. 12-31-91, cert. ef. 1-1-92
635-500-0145
Stock Transfer
The following operating principles shall be used to determine whether or not to transfer chinook salmon from one coastal population to another:
(1) Populations to which these principles apply are identified by the provisional wild fish population list (OAR 635-007-0529).
(2) The general rule is that coastal chinook salmon shall not be transferred between populations in coastal river basins.
(3) Where a coastal river basin historically has not supported a wild chinook population, a biologically suitable donor stock may be transferred there after the Commission approves a Basin Management Plan that documents the fishery and biological objectives, evaluation criteria, monitoring, and the terms and conditions that shall be fulfilled in conducting the program.
(4) Where the Commission determines that an indigenous chinook population is extinct in a coastal river basin, a biologically suitable donor stock may be transferred there to reestablish a self-sustaining chinook population.
Stat. Auth.: ORS 496.138, ORS 496.146, ORS 496.162, ORS 506.109, ORS 506.119, ORS 506.129 & ORS 506.720
Stats. Implemented: ORS 496.138, ORS 496.146, ORS 496.162, ORS 506.109, ORS 506.119, ORS 506.129 & ORS 506.720
Hist.: FWC 144-1991, f. 12-31-91, cert. ef. 1-1-92
635-500-0150
Implementation of Coastal Chinook Management Plan
Progress toward implementing the Coastal Chinook Management Plan and achieving management objectives for coastal chinook shall be reported to the Commission during the first six months of each biennium, prior to preparation of the next Department biennial budget. The implementation report shall include the following information:
(1) A predicted timetable for initiating or competing each action item.
(2) Identification and description of problems preventing the Department from achieving specific action items.
(3) A description of the short- and long-term strategies and associated funding necessary to solve these problems.
(4) A compilation of review comments from the public on the implementation report.
Stat. Auth.: ORS 496.138, ORS 496.146, ORS 496.162, ORS 506.109, ORS 506.119, ORS 506.129 & ORS 506.720
Stats. Implemented: ORS 496.138, ORS 496.146, ORS 496.162, ORS 506.109, ORS 506.119, ORS 506.129 & ORS 506.720
Hist.: FWC 144-1991, f. 12-31-91, cert. ef. 1-1-92
635-500-0175
South Fork Umpqua River -- Winter Steelhead
The goal of the Wild Fish Management Plan for South Umpqua River winter steelhead is a maximum of 30% hatchery fish on spawning grounds. This goal will be achieved by the following strategies:
(1) Use local broodstock.
(2) Construct smolt acclimation/imprinting and adult recapture facilities.
(3) Release 120,000 hatchery smolts/year.
Stat. Auth.: ORS 496.012, ORS 496.138, ORS 496.146, ORS 506.109, ORS ORS 506.119 & ORS 506.129
Stats. Implemented: ORS 496.012, ORS 496.138, ORS 496.146, ORS 506.109, ORS 506.119 & ORS 506.129
Hist.: DFW 107-2001, f. & cert. ef. 11-5-01
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 populations will be managed more for hatchery fish to be used as a brood source for other subbasins where enhancement opportunities exist. Fall chinook populations 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 North Umpqua Salmonid Management Plan will provide a basis for management activities in the subbasin. The following objectives will govern management of salmonid populations in the North Umpqua River basin below Soda Springs Dam:
(1) Summer Steelhead:
(a) Manage summer steelhead in the North Umpqua for wild and hatchery fish (Wild Fish Policy Option #2 OAR 635-007-0525);
(b) Enhance wild summer steelhead runs to increase the current level of steelhead passing Winchester Dam (short-term goal);
(c) Based on the long-term objectives of the USFS and ODFW fish habitat improvement plans, enhance wild summer steelhead runs to increase the level of steelhead passing Winchester Dam to a range of 6,000 to 8,000 fish (long term ± 20 years);
(d) Increase numbers of hatchery summer steelhead adults to a range of 5,000 - 10,000 crossing Winchester Dam;
(e) Maintain the genetic integrity of North Umpqua summer steelhead consistent with the Wild Fish Policy, OAR 635-007-0525.
(2) Winter Steelhead:
(a) Manage North Umpqua winter steelhead for wild fish only (Option #1 OAR 635-007-0525);
(b) Enhance wild winter steelhead runs to increase current levels passing Winchester Dam (short-term goal);
(c) Based on the long-term objectives of the USFS and ODFW habitat improvement plans, enhance wild winter steelhead runs to increase levels passing Winchester Dam to a range of 8,000 - 10,000 fish;
(d) Maintain genetic integrity of North Umpqua winter steelhead consistent with the Wild Fish Policy, OAR 635-007-0525.
(3) Spring Chinook:
(a) Manage spring chinook in the North Umpqua River for wild and hatchery fish (Option #2 OAR 635-007-0525);
(b) At least maintain wild spring chinook runs at current levels (average of 6,034);
(c) Increase numbers of hatchery spring chinook back up to a range of 4,000 - 7,000 fish crossing Winchester Dam;
(d) Maintain the genetic integrity of North Umpqua spring chinook as consistent with the Wild Fish Policy, OAR 635-007-0525.
(4) Fall Chinook:
(a) Manage fall chinook in the North Umpqua River for wild fish only (Option #1 OAR 635-007-0525);
(b) Maintain wild fall chinook runs at least at current levels (± 100 fish).
(5) Coho:
(a) Manage coho salmon in the North Umpqua River for wild and hatchery fish (Option #2 OAR 635-007-0525) with an emphasis on hatchery fish;
(b) Increase current wild coho population to approximately equal the level of the 1960's (1,300 fish);
(c) Maintain approximately 3,500 hatchery adults at Winchester Dam.
(6) Trout:
(a) Manage resident trout in the North Umpqua River for wild and hatchery fish (Option #2 OAR 635-007-0525);
(b) Maintain a trout fishery at about the present level; 25,000 to 35,000 angler days per year with a catch rate of 0.6 to 0.7 trout per hour;
(c) Attempt to determine the cause for the current depressed state of the migratory wild cutthroat population. If possible, increase the run to more normal levels.
Stat. Auth.: ORS 496 & ORS 506
Stats. Implemented: ORS 496 & ORS 506
Hist.: FWC 12-1986, f. & ef. 4-17-86, Renumbered from 635-500-0001.
Operating Principles and Objectives Applicable to All Willamette Subbasins
635-500-0205
Organization
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. OAR 635-500-0790 and 635-500-0800 apply to all subbasins; OAR 635-500-0266 through OAR 635-500-0276 and 635-500-0810 through 635-500-1660 cover specific subbasins. The spring chinook sections of specific subbasins have been superseded by the Willamette Basin Fish Management Plan for Spring Chinook found in OAR 635-500-1661 through OAR 635-500-1666.
Stat. Auth.: ORS 496.138, ORS 496.146 & ORS 506.119
Stats. Implemented: ORS 506.109 & ORS 506.129
Hist.: FWC 106-1987, f. & ef. 12-18-87; FWC 3-1992, f. 1-28-92, cert. ef. 2-1-92; DFW 16-1998, f. & cert. ef. 3-9-98
McKenzie Subbasin Fish Management Policies and Objectives
635-500-0266
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.
Stat. Auth.: ORS 496 & ORS 506
Stats. Implemented: ORS 496 & ORS 506
Hist.: FWC 4-1988, f. & cert. ef. 1-29-88
635-500-0267
Habitat
(1) The following policies apply to the Mckenzie River Subbasin:
(a) Potential losses of fish production from habitat degradation will be prevented or reduced to the extent possible;
(b) Proposed habitat improvement projects should be jointly reviewed and prioritized annually by the Department and the participating land management agencies.
(2) In accordance with these policies, it is the objective of the Department to:
(a) Maintain or improve upstream and downstream passage for fish;
(b) Provide optimum flow, water quality, and physical habitat characteristics in the Mckenzie River and tributaries for fish production.
(3) Restore and enhance riparian and in-stream habitat to meet the production objectives for the fish species in the subbasin.
Stat. Auth.: ORS 496 & ORS 506
Stats. Implemented: ORS 496 & ORS 506
Hist.: FWC 4-1988, f. & cert. ef. 1-29-88
635-500-0268
Resident Trout and Whitefish
The following policies apply to resident trout and whitefish in the McKenzie River subbasin:
(1) Cutthroat and Rainbow Trout:
(a) The following policies apply to cutthroat and rainbow trout in the McKenzie River subbasin:
(A) The population of cutthroat trout in the McKenzie River below Leaburg Dam shall be managed under the alternatives of the Trout Plan as:
(i) Featured Species and Waters in the mainstem below Hayden Bridge; and
(ii) Wild in all other areas.
(B) All other cutthroat trout populations shall be managed under the Wild Fish alternative of the Trout Plan;
(C) The population of rainbow trout in the McKenzie River below Trail Bridge and Cougar Dams shall be managed under the alternatives of the Trout Plan as:
(i) Featured Species and Waters in the mainstem McKenzie from the mouth to Forest Glen boat ramp near Blue River; and
(ii) Basic Yield in Blue River below Blue River Dam; and
(iii) Wild in all other areas.
(D) The population of rainbow trout in Blue River above Blue River Reservoir shall be managed under the alternatives of the Trout Plan as:
(i) Basic Yield from Blue River Reservoir up to Quentin Creek; and
(ii) Wild in all other areas.
(E) All other rainbow trout populations shall be managed under the Wild Fish alternative of the Trout Plan;
(F) Hatchery produced cutthroat trout shall not be stocked in streams in the McKenzie River Basin;
(G) Only legal-size, hatchery produced rainbow trout may be stocked in the Mainstem McKenzie River from the Hayden Bridge to McKenzie Bridge and in Blue River up to Quentin Creek. Hatchery produced rainbow trout shall not be stocked in any other streams in the McKenzie River Basin.
(b) The following objectives apply to cutthroat and rainbow trout in the McKenzie River subbasin:
(A) Maintain the genetic diversity and distribution, and maintain or increase the abundance of wild cutthroat trout and wild rainbow trout;
(B) Provide diverse opportunities to angle for cutthroat and rainbow trout.
(2) Bull Trout:
(a) The following policy applies to bull trout in the McKenzie River subbasin: All populations of bull trout in the McKenzie Basin shall be managed under the Wild Fish alternative of Oregon's Trout Plan.
(b) The following objectives apply to bull trout in the McKenzie River subbasin:
(A) Increase the abundance and distribution of bull trout;
(B) Maintain genetic diversity of bull trout in the McKenzie Basin.
(3) Brook Trout:
(a) The following policies apply to brook trout in the McKenzie River subbasin:
(A) All populations of brook trout in the McKenzie Basin shall be managed under the Basic Yield alternative of Oregon's Trout Plan;
(B) Hatchery produced brook trout shall not be stocked in the McKenzie River or its tributaries.
(b) The following objectives apply to brook trout in the McKenzie River subbasin:
(A) Confine brook trout in the McKenzie Basin to their current distribution;
(B) Provide opportunities to angle for brook trout.
(4) Whitefish:
(a) The following policy applies to whitefish in the McKenzie River subbasin: All populations of whitefish in the McKenzie Basin shall be managed under the Wild Fish alternative of Oregon's Trout Plan.
(b) The following objectives apply to whitefish in the McKenzie River subbasin:
(A) Maintain the genetic diversity, distribution and abundance of whitefish in the McKenzie Basin;
(B) Provide opportunities to angle for whitefish.
Stat. Auth.: ORS 496.138, ORS 496.146 & ORS 506.119
Stats. Implemented: ORS 506.109 & ORS 506.129
Hist.: FWC 4-1988, f. & cert. ef. 1-29-88; FWC 29-1997, f. 5-2-97, cert. ef. 5-9-97
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.
Stat. Auth.: ORS 496 & ORS 506
Stats. Implemented: ORS 496 & ORS 506
Hist.: 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.
Stat. Auth: ORS Ch. 496 & 506
Stats. Implemented: ORS Ch. 496 & 506
Hist.: FWC 4-1988, f. & cert. ef. 1-29-88
635-500-0271
Spring Chinook Salmon
Operating policy and objectives for spring chinook in the McKenzie River Basin are found in OAR 635-500-1661.
Stat. Auth.: ORS 496.138, ORS 496.146 & ORS 506.119
Stats. Implemented: ORS 506.109 & ORS 506.129
Hist.: FWC 4-1988, f. & cert. ef. 1-29-88; DFW 16-1998, f. & cert. ef. 3-9-98
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.
Stat. Auth.: ORS 496 & ORS 506
Stats. Implemented: ORS 496 & ORS 506
Hist.: 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.
Stat. Auth.: ORS 496 & ORS 506
Stats. Implemented: ORS 496 & ORS 506
Hist.: 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.
Stat. Auth.: ORS 496 & ORS 506
Stats. Implemented: ORS 496 & ORS 506 (continued)
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