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COMMISSION AGENDA: September 19, 2008
Oregon Fish and Wildlife Commission

Meeting:
September 19, 2008 9:00 a.m.
Pacific University
Washburne Hall
2043 College Way
Forest Grove, OR 97116
  September 19, 2008 Agenda

Printable Agenda

Friday, September 19, 2008 9:00 a.m.
 
DIRECTOR’S REPORT
 

Expenditure Report

Staff: Tom Ruddiman, Deputy Director for Administration

Adopt Temporary Rules

Staff: Roy Elicker Director

635-004-0038
Inland Waters Anchovy Season

Adopted August 11, 2008; effective August 11, 2008 through January 31, 2009.
Adopted rule was needed to promulgate a commercial inland waters anchovy season.  This rule sets the season dates; defines types of gear authorized for the taking of anchovies; describes methods for estimating total weight of fish taken; and describes recording and reporting requirements of the fishery.

635-039-0085
Ocean Sport Pacific Halibut - North of Cape Falcon, Oregon

Adopted August 11, 2008; effective August 11, 2008 through September 30, 2008.
Amended rule re-opened the sport fishery for Pacific Halibut in the area between Leadbetter Point, Washington and Cape Falcon, Oregon at 12:01 a.m. Friday, August 22 through 11:59 p.m. Saturday, August 23, 2008 (2 days).  Revisions are consistent with regulations implemented by the federal government and the International Pacific Halibut Commission for the 2008 Oregon recreational fishery for Pacific Halibut.

635-042-0031
Early Closure of Fall Commercial Salmon Season in Columbia River Zones 1 thru 5

Adopted August 11, 2008; effective August 12, 2008 through December 31, 2008.
Amended rule rescinds the previously adopted commercial fishing period scheduled from 7:00 p.m. Tuesday, August 12 through 7:00 a.m. Wednesday, August 13, 2008 in the Columbia River mainstem in Zones 1 through 5.  Revisions are consistent with action taken August 11, 2008 by the Columbia River Compact agencies of Oregon and Washington.

635-042-0031
Two Commercial Salmon Fishing Periods Authorized in Columbia River Zones 1 thru 5

Adopted August 13, 2008; effective August 14, 2008 through September 30, 2008.
Amended rule allows two commercial gill net salmon fishing periods in the Columbia River mainstem below Bonneville Dam.  The first period is from 7:00 p.m. Thursday, August 14 through 7:00 a.m. Friday, August 15, 2008 (12 hours) in Zones 2 through 5.  The second period is from 8:00 p.m. Tuesday, August 19 through 6:00 a.m. Wednesday, August 20, 2008 (10 hours) in Zones 4 and 5.  Revisions are consistent with action taken August 13, 2008 by the Columbia River Compact agencies of Oregon and Washington.

635-041-0076
Treaty Indian Summer Salmon Seasons in the Columbia River and Tributaries

Adopted August 13, 2008; effective August 14, 2008 through September 30, 2008.
Amended rule extends the Tribal Indian commercial gill net salmon season in the Columbia River and tributaries by adding three new fishing periods.  Modifications are consistent with action taken August 13, 2008 by the Columbia River Compact agencies of Oregon and Washington in concert with the Columbia River Inter-Tribal Fish Commission.

635-013-0004
Closure of Recreational Ocean Salmon Fishery – North of Cape Falcon, Oregon

Adopted August 14, 2008; effective August 15, 2008 through December 31, 2008.
Amended rule closed the recreational ocean salmon fishery from Leadbetter Point, Washington south to Cape Falcon, Oregon effective 2:00 p.m. Sunday, August 17, 2008.  Modifications are consistent with action taken by National Oceanic and Atmospheric Administration (NOAA Fisheries) in consultation with the ODFW, Washington Department of Fish and Wildlife, representatives from the recreational and commercial Oregon salmon fisheries, and the Pacific Fishery Management Council (PFMC).

635-039-0090
Cabezon Retention in Oregon Ocean Boat and Estuary Boat Sport Fisheries Prohibited

Adopted August 18, 2008; effective August 21, 2008 through December 31, 2008.
Amended rule closed the recreational ocean boat and estuary boat fisheries to retention of cabezon due to attainment of the 2008 statewide landing cap of 15.8 metric tons adopted by the Oregon Fish and Wildlife Commission.

635-005-0055
Commercial Fishing Vessels Allowed to Retrieve Any Dungeness Crab Gear from August 29 through October 31, 2008.

Adopted August 19, 2008; effective August 29, 2008 through October 31, 2008.
Amended rule allows commercial fishermen to retrieve any commercial Dungeness crab fishing gear from the ocean and transport it to shore beginning August 29 through October 31, 2008.

635-042-0031
Two More Commercial Salmon Fishing Periods Authorized in Columbia River Zones 1 thru 5 beginning 11:00 p.m. Sunday, August 24, 2008

Adopted August 21, 2008; effective August 25, 2008 through September 30, 2008.
Amended rule allows two commercial gill net salmon fishing periods in the Columbia River mainstem below Bonneville Dam.  The first period is from 11:00 p.m. Sunday, August 24 through 5:00 a.m. Monday, August 25, 2008 (6 hours).  The second period is from 11:00 p.m. Tuesday, August 26 through 5:00 a.m. Wednesday, August 27, 2008 (6 hours).  Revisions are consistent with action taken August 21, 2008 by the Columbia River Compact agencies of Oregon and Washington.

635-023-0130
Close Buoy 10 Recreational Fishery to Retention of Chinook Salmon

Adopted August 21, 2008; effective August 25, 2008 through December 31, 2008.
Amended rule closes the Buoy 10 recreational fishery to the retention of Chinook salmon, effective at 12:01 a.m. Monday, August 25, 2008 in the area from Buoy 10 upstream to the Tongue Point/Rocky Point line.  The fishery will remain open for adipose fin-clipped coho and adipose fin-clipped steelhead per permanent regulations.  Modifications are consistent with action taken August 21, 2008 by the Columbia River Compact agencies of Oregon and Washington.

635-039-0085
Pacific Halibut Sport Fishery Re-opens North of Cape Falcon, Oregon

Adopted August 25, 2008; effective August 29, 2008 through September 30, 2008.
Amended rule re-opens the sport fishery for Pacific halibut in the area between Leadbetter Point, Washington and Cape Falcon, Oregon at 12:01 a.m. Friday, August 29 through 11:59 p.m. Friday, August 29, 2008 (1 day).  Revisions are consistent with regulations implemented by the federal government and the International Pacific Halibut Commission for the 2008 Oregon recreational fishery for Pacific halibut.

635-042-0031
Commercial Salmon Fishing Period Rescinded in Columbia River Zones 1 thru 5

Adopted August 26, 2008; effective August 26, 2008 through September 1, 2008.
Amended rule rescinds the commercial fall Chinook salmon gill net fishing period scheduled from 11:00 p.m. Tuesday, August 26 through 5:00 a.m. Wednesday, August 27, 2008 (6 hours).  Revisions are consistent with action taken August 26, 2008 by the Columbia River Compact agencies of Oregon and Washington.

635-042-0160
Increased Maximum Commercial Gill Net Mesh Size Allowed for Blind and Knappa Sloughs Fisheries

Adopted August 26, 2008; effective September 2, 2008 through October 31, 2008.
Amended rule modifies the maximum gill net mesh size restriction for the Select Area commercial fisheries in Blind and Knappa sloughs, which are scheduled for the period from September 2 through September 5, 2008.  This modification correctly increases the erroneously adopted maximum mesh size from 8 to 9.75 inches.  Revisions are consistent with action taken August 26, 2008 by the Columbia River Compact agencies of Oregon and Washington.

635-023-0130
Close Buoy 10 Recreational Fishery to Angling for Salmon and Steelhead

Adopted August 28, 2008; effective August 31, 2008 through December 31, 2008.
Amended rule closes the Buoy 10 recreational fishery to angling for salmon and steelhead, effective at 12:01 a.m. Sunday, August 31, 2008 in the area from Buoy 10 upstream to the Tongue Point/Rocky Point line.  The fishery will remain open to angling for white sturgeon per permanent regulations.  Modifications are consistent with action taken August 28, 2008 by the Columbia River Compact agencies of Oregon and Washington.

635-041-0075
Treaty Indian Fall Salmon Season In the Columbia River and Tributaries

Adopted September 4, 2008; effective September 6, 2008 through October 31, 2008.
Amended rule implements the Tribal Indian fall commercial gill net salmon season in the Columbia River and tributaries.  Modifications are consistent with action taken September 4, 2008 by the Columbia River Compact agencies of Oregon and Washington in concert with the Columbia River Inter-Tribal fish Commission.

635-039-0090
In-season Modifications to Ocean Sport Rockfish and Other Marine Species Seasons

Adopted September 4, 2008; effective September 7, 2008 through December 31, 2008.
Amended rule cancels modifications adopted by temporary rule (effective July 7, 2008) by: 1) returning the aggregate daily sport bag limit for rockfish, cabezon, skates and "other marine species" from five to six fish (as listed under "Marine Fish" on page 6 of the "2008 Oregon Sport Ocean Regulations for Salmon, Halibut and Other Marine Fish Species," published in May 2008; and on page 98 of the 2008 Oregon Sport Fishing Regulations booklet); and 2) repealing in‑season closures for these species and lingcod, offshore of the 20-fathom line; and for flatfish species other than Pacific halibut, offshore of the 40-fathom line.

635-039-0085
Oregon Sport Pacific Halibut All-depth Fishery Closes and Re-opens with Bag Limit Change

Adopted September 5, 2008; effective September 7, 2008 through December 31, 2008.
Amended rule closes the area between Cape Falcon and Humbug Mountain, Oregon to retention of Pacific halibut effective 11:59 p.m. Sunday, September 7, 2008.  Further modifications re-open the Pacific halibut fishery effective 12:01 a.m. Saturday, September 13 and increase the daily bag limit from one to two fish through 11:59 p.m. Sunday, September 14, 2008, in the area between Cape Falcon and Humbug Mountain.  Revisions are consistent with regulations implemented by the federal government and the International Pacific Halibut Commission for the 2008 Oregon recreational fishery for Pacific halibut.

635-042-0145; 635-042-0160; 635-042-0170; and 635-042-0180
Fall Columbia River Commercial Select Area Fisheries

Adopted September 8, 2008; effective September 9, 2008 through December 31, 2008.
Amended rules prohibit retention of sturgeon taken in the Columbia River commercial Select Area fisheries after 12:00 noon on Wednesday, September 10, 2008.  Rule 635-042-0160 was also modified to increase the maximum gill net mesh size allowed to 9.75 inches in the Blind and Knappa sloughs Select Area salmon fisheries beginning 7:00 p.m. Tuesday, September 9, 2008.  Modifications are consistent with action taken September 8, 2008 by the Columbia River Compact agencies of Oregon and Washington.

635-041-0075
Treaty Indian Fall Salmon Season Extended In Columbia River and Tributaries

Adopted September 11, 2008; effective September 15, 2008 through October 31, 2008.
Amended rule extends the Tribal Indian fall commercial gill net salmon season in the Columbia River and tributaries with an additional 60-hour fishing period beginning 6:00 a.m. Tuesday, September 16 through 6:00 p.m. Thursday, September 18, 2008.  Modifications are consistent with action taken September 11, 2008 by the Columbia River Compact agencies of Oregon and Washington in concert with the Columbia River Inter-Tribal fish Commission.

635-017-0090
Returning Hatchery Coho Fishery In Eagle Creek and Clackamas and Sandy Rivers

Adopted September 15, 2008; effective September 17, 2008 through December 31, 2008.
Amended rule allows the sport harvest of 3 hatchery coho salmon in each of the Clackamas and Sandy rivers from Wednesday, September 17 through Friday, October 31, 2008 and on Eagle Creek, a tributary of the Clackamas River, from Wednesday, September 17 through Sunday, November 30, 2008.  The bag limit of 3 coho per day is for all open waters combined.  The modifications allow sport anglers opportunities to harvest substantial numbers of coho that are returning to hatchery facilities.

635-039-0085
Oregon Sport Pacific Halibut All-depth Fishery Re-opens with Bag Limit Change

Adopted September 16, 2008; effective September 16, 2008 through December 31, 2008.
Amended rule re-opens the area between Cape Falcon and Humbug Mountain, Oregon to retention of Pacific halibut effective 12:01 a.m. Saturday, September 20 and retains the daily bag  two fish through 11:59 p.m. Sunday, September 21, 2008, in the area between Cape Falcon and Humbug Mountain. Revisions are consistent with regulations implemented by the federal government and the International Pacific Halibut Commission for the 2008 Oregon recreational fishery for Pacific halibut.

 
PUBLIC FORUM
 

Note: This part of the agenda is for comments on topics not scheduled elsewhere on the agenda. Please contact the Oregon Department of Fish and Wildlife Office of the Director at least 24 hours prior to the meeting to be included in the public forum. If you bring written summaries or other materials to the meeting please provide the Commission Assistant with 20 copies prior to your testimony. The Commission is unable to take action on items brought to their attention in this forum.

 
Exhibit A: COMMISSION MINUTES
 

Approve August 2008 Commission minutes

Action: Approval

Attachments:
  • Not Available
 
Exhibit B: FISH SCREENING TASK FORCE MEMBER
 

The Commission will appoint a member to the Fish Screening Task Force to represent Fishing or Fish Conservation interests.

Staff: Suzanne Pollon, Fish Passage Engineer
Public Testimony
Action: Approval

Attachments:
 
Exhibit C: WILDLIFE INTEGRITY RULE AMENDMENTS
 

The Commission will: 1) adopt rule amendments reclassifying tilapia (two species and one hybrid), giant river prawns, and whiteleg shrimp as controlled species under the Wildlife Integrity Rules (OAR 635-056), and 2) approve changes to rule language addressing the taxonomic nomenclature of fish and crustacean species.

Staff: Martin Nugent, Wildlife Integrity Program Manager
Tom Friesen, Acting Invasive Species Coordinator

Public Testimony
Action: Approval

Attachments:
 
Exhibit D: SPORT FISHING REGULATIONS
 

The Commission will be asked to adopt the rules for the 2009 Oregon Sport Fishing Regulations.

Staff: Rhine Messmer, Recreational Fisheries Program Manager
Public Testimony
Action: Adopt

 
Attachments:
 
EXECUTIVE SESSION
 

The Commission will hold an executive session for staff to brief the Commission on confidential settlement negotiations for the Carmen Smith Hydroelectric Project.

The Commission will also review and evaluate the employment-related performance of the director of Oregon Department of Fish and Wildlife per ORS 192.660(1)(i).

 
FUTURE PROPOSED COMMISSION MEETINGS & TOPICS

October 9 & 10 , 2008 – ODFW HQ, Salem

  • October 9, 2008 Climate Change Workshop
  • 2009 Big Game Regulations
  • Final Draft 2008 EE Wilson and Columbia Basin Wildlife Area Management Plans
  • Landowner Preference Program Review
  • Wildlife Area Planning: Sauvie Island Briefing
  • Residency Requirements
  • Internet Tag Sales
  • Fish Passage Waiver Request

November 14, 2008 – ODFW HQ, Salem

  • Dungeness Crab Fishery Briefing
  • Black-Tailed Deer Management Plan
  • Cervid Disease Surveillance List
  • Access and Habitat

December 11 & 12, 2008 – Portland Airport Location
December 11, 2008 Joint Meeting with Washington Department of Fish and Wildlife

    • Access and Habitat Projects
    • Columbia River Sturgeon, Spring Chinook, and Summer Chinook Fisheries
    • PFMC Final Options on Groundfish
    • Commercial Nearshore Fisheries
    • 25-year Angling Enhancement Plan

 


AGENDA

The Commission meeting will begin at 8:00 AM, and proceed chronologically through the agenda.  If you wish to receive written materials prepared for any of the agenda items, please contact the Director’s Office in Salem at 503.947.6044 to request a packet for those items, which interest you or see the agency’s website at http://www.dfw.state.or.us/agency/commission/minutes/.

A recess will be taken at 12:00 Noon, when the Commission will have lunch and may discuss matters of general interest.  The public is welcome to attend, and an announcement will be made of the location of the lunch. 

PUBLIC TESTIMONY

If you wish to give testimony on any item scheduled on this agenda, please sign up on the sheets provided the day of the meeting. You will be called to testify by the Commission Chair. The Commission places great value on information receive from the public, and wants to avoid arbitrary limits on the time or attention allocated to each witness. Therefore, persons desiring to testify or otherwise present information to the Commission are encouraged to:

  1. Provide written summaries of information to the Commission twenty (20 sets);
  2. Limit testimony to five (5) minutes, recognizing that substance, not length, determines the value of testimony or written information;
  3. Endorse rather than repeat testimony of other witnesses; and
  4. Groups or organizations wishing to testify should designate one spokesperson whenever possible.

PUBLIC FORUM

If you wish to give testimony on any item not scheduled elsewhere on the agenda, please contact the Director's Office, Oregon Department of Fish and Wildlife, 503-947-6044, at least 24 hours prior to the meeting. You will be called to testify by the Commission Chair immediately following the Commissioner Items portion of the agenda. Please provide 20 sets of written summaries or other materials to the Commission Assistant prior to your testimony. The Commission is unable to take action on items brought to thier attention in this forum.

Thank you for taking the time to present your views.

Materials delivered to the Director’s Office sufficiently in advance of the meeting can be copied and distributed to the Commission. If you bring written materials to the hearing, please provide twenty (20) copies. If you have questions regarding this Agenda, please contact the Director’s Office, Oregon Department of Fish and Wildlife, 3406 Cherry Avenue, NE, Salem, OR 97303, 503.947.6044.

PARKING

Parking is available to anyone who attends the Commission meeting.


REASONABLE ACCOMMODATION OF DISABILITIES

Reasonable accommodation, such as assistive hearing devices, sign language interpreters, and materials in large print or audiotape, will be provided as needed. In order to ensure availability, please contact the Director’s Office at 503.947.6044 at least 72 hours prior to the meeting to make your request. TTY users can reach ODFW by using the Oregon Telecommunications Relay Service.  Please dial 711 and ask to be connected to 503-947-6044.

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