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COMMISSION AGENDA: Thursday - Friday, September 3 - 4, 2015

Commission Tour:
Thursday, September 3, 2015 – 8:30 a.m.
Best Western Ocean View Resort
414 North Prom.
Seaside, OR 97138

Printable Agenda (pdf)

Meeting:
Friday, September 4, 2015 - 8:00 a.m.
Best Western Ocean View Resort
Lewis & Clark Room
414 North Prom.
Seaside, Oregon 97138

Printable Agenda (pdf)

The Oregon Fish & Wildlife Commission is not currently in session.
Thursday, September 3, 2015
Fish and Wildlife Commission Tour
8:30 Meet in hotel lobby
Introductions and depart for Gearhart
9:00 Gearhart
    Elk Conflicts;
    Snowy Plover Nesting Success and Population Increase
       Staff: Herman Biederbeck; Susan Barnes
10:00 Depart for Jewell, WA
11:00 Jewell Wildlife Area
    Elk, WA Management Plan and Implementation;
    Jewell as a control for testing elk census work using UAVs
       Staff: Bryan Swearingen; Herman Biederbeck
12:00 Lunch
1:00 Depart for Young’s Bay
2:00 Columbia River Estuary Study Task Force
    Tidegate replacement and levee removal
3:30 Depart for hotel
4:00 Arrive at hotel
   


Friday, September 4, 2015
DIRECTOR’S REPORT

Field Reports – in written form only

Expenditure Report

Staff: Bill Herber, Acting Deputy Director for Administration

Adopt Temporary Rules

Curt Melcher, Director

Attachments: (pdf)

1. 635-042-0160
2015 Fall Commercial Seasons Set for Columbia River Select Area Fisheries

Adopted July 29, 2015: effective August 17, 2015 through October 301, 2015.
These Amended rules set the 2015 fall commercial gill net salmon seasons for three Columbia River Select Areas including: Blind and Knappa sloughs, Tongue Point/South Channel and Deep River. Modifications are consistent with action taken July 29, 2015 by the Departments of Fish & Wildlife for the States of Oregon and Washington at a meeting of the Columbia River Compact.

2. 635-023-0134
2015 Snake River Fall Chinook Sport Fishery Below Hells Canyon Dam Opens September 1

Adopted August 10, 2015: effective September 1, 2015 through November 30, 2015.
This amended rule implements a fall Chinook salmon fishery on the Snake River from the Oregon- Washington border upstream to the deadline below Hells Canyon Dam beginning September 1 and running through November 17, 2015. These rule modifications will conform Oregon’s regulations to State of Idaho regulations for this concurrent fishery.

3. 635-042-0010 and 635-042-0031
Commercial Fall Seine Salmon Seasons Set for the Mainstem Columbia River

Adopted August 11, 2015: effective August 24, 2015 through September 30, 2015.
These amended rules allow the use of seine gear for commercial purposes and set season dates and regulations for the 2015 non-Indian commercial fall seine salmon fishery. The first of fifteen authorized seine fishing periods begins at 6:00 a.m. Monday, August 24 with further fishing periods scheduled through 7:30 p.m. Wednesday, September 30, 2015. Allowed sales include: Adipose or left ventral finclipped Chinook; adipose-clipped coho, pink and sockeye salmon; and shad. Subject to Individual Fishing Quotas (as defined in the 2015 seine permits) and fishing regulations, all legal salmon caught must be landed.

4. 635-016-0090
Emergency Rogue River Sport Fishing Restrictions Due to Severe Drought Conditions Lifted

Adopted August 13, 2015: effective August 13, 2015 through December 31, 2015.

This amended rule removes previously adopted regulations that set daily closures for trout, salmon, and steelhead fisheries in segments of the Rogue River where high stream temperatures have lessened. After unusually warm conditions during much of July, water temperatures have returned to near normal for this time of year. Fisheries managers believe that restrictions previously imposed on segments of the Rogue River are no longer necessary.

5. 635-041-0075
Columbia River Treaty Indian Fall Commercial Gill Net Season Set

Adopted August 12, 2015: effective August 17, 2015 through October 31, 2015.

This amended rule allows commercial sales of fish caught during the Treaty Indian fall commercial gill net fishery in the Columbia River and its Washington tributaries. The first of four fishing periods authorized for the fall gill net fishery is scheduled to begin at 6:00 a.m. Monday, August 17, 2015. Rule modifications are consistent with action taken August 12, 2015 by the Departments of Fish and Wildlife for the States of Oregon and Washington, in cooperation with the Columbia River Treaty Tribes, at a meeting of the Columbia River Compact.

6. 635-001-0341
Confidentiality and Inadmissibility of Mediation Communications
Adopted: August 14, 2015. Effective Dates: August 14, 2015 through February 8, 2016

The 2015 Legislative Assembly enacted Or Laws 2015, ch. 114 (SB 189), which required the Attorney General to adopt model mediation confidentiality rules and permits state agencies to adopt those rules by reference. These temporary rules adopt the Department of Justice model temporary rules to allow ODFW to participate in mediation or mediate a dispute over which it has regulatory authority and obtain confidentiality for mediation communications.

7. 635-042-0145
Youngs Bay Commercial Fall Fisheries Modified

Adopted August 18, 2015: effective August 24, 2015 through October 31, 2015.

This amended rule sets two new 12-hour non-Indian commercial fall salmon and shad gill net fisheries for the Youngs Bay Select Area of the Columbia River. The first new 12-hour fishery commences at 7:00 p.m. Monday, August 24, 2015. Modifications are consistent with State of Oregon action taken August 18, 2015 by the Oregon Department of Fish & Wildlife, Columbia River Programs.

8. 635-004-0275
Federal Actions and Management Measures Implemented for Commercial Groundfish Fisheries

Adopted August 19, 2015: effective August 19, 2015 through February 14, 2016.

This amended rule implements in-season actions previously adopted by the federal government for 2015 and 2016 Pacific Coast commercial groundfish fisheries. Amendments include, but are not limited to, increases to sablefish trip limits for Limited Entry Fixed Gear and Open Access Daily Trip Limit fisheries. And, rule modifications increase Big Skate trip limits for the shore-based Individual Fishing Quota (IFQ) program.

9. 635-005-0355
Netarts Bay Commercial Cockle Clam Dive Fishery Closes

Adopted August 19, 2015: effective August 26, 2015 through December 31, 2015.

This amended rule closes the Netarts Bay commercial cockle clam dive fishery at 12:01 a.m. Wednesday, August 26, 2015 due to the anticipated attainment of the 8,000 pound annual harvest quota allowed under Bay Clam Dive permits. Modifications are consistent with requirements described in OAR 635-005-0355 sections (1) and (3).

10. 635-023-0130
2015 Columbia River Buoy 10 Fall Recreational Salmon Season Modified

Adopted August 21, 2015: effective August 23, 2015 through December 31, 2015.

This amended rule modifies the 2015 fall recreational Chinook salmon season regulations for Buoy 10 at the mouth of the Columbia River, effective August 23, 2015. Fall fisheries in 2015 are structured to optimize the harvest of Chinook, coho and steelhead within Endangered Species Act (ESA) limits and to provide a balanced opportunity for the fisheries. Modifications are consistent with action taken August 21, 2015 by the Departments of Fish and Wildlife for the States of Oregon and Washington at a meeting of the Columbia River Compact.

11. 635-014-0090, 635-016-0090 and 635-017-0090
Statewide Emergency Sport Fishing Restrictions Due to Severe Drought Conditions Lifted

Adopted August 24, 2015: effective September 1, 2015 through December 31, 2015.

These amended and suspended rules remove previously adopted angling restrictions for trout, salmon, steelhead and sturgeon fisheries implemented around Oregon in July 2015 due to unusually warm stream temperatures. Water temperatures in the areas affected by these rule modifications have returned to near normal for this time of year and are expected to continue to improve. Fisheries managers believe the earlier restrictions are no longer necessary.

12. 635-004-0355
Cumulative Trip Limits for Blue and Other Nearshore Rockfish Increased In Periods 5 and 6

Adopted August 26, 2015: effective September 1, 2015 through December 31, 2015.

This amended rule increases the commercial nearshore fishery cumulative trip limits for blue rockfish from 15 to 50 pounds in periods 5 and 6. In addition, this rule increases trip limits for other nearshore rockfish from 100 to 300 pounds for the same periods. Further modifications maintain previous adjustments made to black rockfish and kelp greenling cumulative trip limits (Temporary Rule effective 7-2-2015).

13. 635-023-0130
Columbia River Buoy 10 Fall Recreational Salmon Season Modified

Adopted August 27, 2015: effective August 29, 2015 through December 31, 2015.

This amended rule modifies the fall recreational salmon season regulations for Buoy 10 at the mouth of the Columbia River and prohibits retention of Chinook salmon beginning Saturday, August 29 through Wednesday, September 30, 2015. Fall fisheries are structured to optimize the harvest of Chinook, coho and steelhead within Endangered Species Act (ESA) limits and to provide a balanced opportunity for the fisheries. Modifications are consistent with action taken August 27, 2015 by the Departments of Fish & Wildlife for the States of Oregon and Washington at a meeting of the Columbia River Compact.

14. 635-042-0031
Additional Commercial Drift Gill Net Salmon Season Set for the Mainstem Columbia River

Adopted August 27, 2015: effective August 30, 2015 through September 30, 2015.

This amended rule authorizes an additional 9-hour fishing period for the on-going 2015 non-Indian commercial fall seine salmon fishery in zones 4-5 of the Columbia River commencing at 9:00 pm August 30, 2015. Allowed sales include: Adipose or left ventral fin-clipped Chinook; adipose-clipped coho, pink and sockeye salmon; and shad. Modifications are consistent with action taken August 27, 2015 by the Departments of Fish & Wildlife for the States of Oregon and Washington at a meeting of the Columbia River Compact.

15. 635-014-0090
Retention of Non-Adipose Fin-clipped Chinook in Youngs Bay, Youngs and Klaskanine Rivers Prohibited

Adopted August 27, 2015: effective September 1, 2015 through December 31, 2015.

This amended rule prohibits retention of non-adipose fin-clipped Chinook salmon in portions of Youngs Bay and the Youngs River from the commercial fishing deadline at Battle Creek Slough upstream to Youngs River Falls; and the Klaskanine River from the confluence with Youngs River upstream to the Youngs River Loop Bridge (Tidewater Bridge) beginning Tuesday, September 1 through Thursday, October 15, 2015.

16. 635-042-0145
Youngs Bay Commercial Fall Fisheries Modified

Adopted August 28, 2015: effective August 31, 2015 through October 31, 2015.

This amended rule sets a new 3.5 day non-Indian commercial fall salmon and shad gill net fishery for the Youngs Bay Select Area of the Columbia River. This new fishery commences at 7:00 p.m. Monday, August 31, 2015. Modifications are consistent with State of Oregon action taken August 27, 2015 by the Oregon Department of Fish & Wildlife, Columbia River Programs.

17. 635-042-0031
Additional Commercial Drift Gill Net Salmon Season Set for the Mainstem Columbia River Modified

Adopted August 28, 2015: effective August 31, 2015 through September 30, 2015.

This amended rule reduces the duration of a previously authorized fishing period, for the on-going 2015 non-Indian commercial fall seine salmon fishery in zones 4-5 of the Columbia River, from 9 hours to 4 hours. The start time for the period was modified to begin at 2:00 a.m. August 31, 2015. Allowed sales include: Adipose or left ventral fin-clipped Chinook; adipose-clipped coho, pink and sockeye salmon; and shad. Modifications are consistent with action taken August 28, 2015 by the Departments of
Fish & Wildlife for the States of Oregon and Washington at a meeting of the Columbia River Compact.

18. 635-019-0090 and 635-021-0090
Modified Angling Regulations for Rotenone Treatment in Southeast and Northeast Angling Zones

Adopted August 31, 2015: effective September 1, 2015 through December 31, 2015.

These amended rules liberalize catch limits and harvest methods for several water bodies in the Northeast angling zone and modify the angling closure date for Balm Creek Reservoir in the Southeast angling zone due to the scheduled treatment of these waters with Rotenone, a fish toxicant, in late September. These rule modifications provide sport fishers an opportunity to salvage as many fish as possible prior to this treatment, which is necessary to remove unwanted fish species.

19. 635-023-0095
Columbia River Emergency Sport Sturgeon Fishing Regulation Changes Due to Severe Drought Conditions Suspended

Adopted August 31, 2015: effective September 1, 2015 through September 30, 2015.

This amended rule rescinds a previous closure to angling for sturgeon, including catch-and-release and retention in the Columbia River mainstem upstream of Bonneville Dam and all adjacent tributaries. Fisheries managers for the states of Oregon and Washington believe these restrictions are no longer necessary as the extremely warm stream temperatures which prompted the closure no longer exist.

20. 635-042-0031
Additional Commercial Seine Net Salmon Seasons Set for the Mainstem Columbia River

Adopted September 2, 2015: effective September 4, 2015 through September 30, 2015.

This amended rule adds two new 14-hour fishing periods to the ongoing non-Indian commercial fall seine net salmon fishery in zones 2-4 of the Columbia River. The start times for the added periods are 6:00 a.m. Friday, September 4 and 6:00 a.m. Friday, September 11, 2015. Allowed sales are subject to Individual Fishing Quotas (as defined in the 2015 seine permits) and include: Adipose or left ventral fin-clipped Chinook; adipose-clipped coho, pink and sockeye salmon; and shad. All legal salmon caught must be landed. Rule modifications are consistent with action taken September 2, 2015 by the Departments of Fish & Wildlife for the States of Oregon and Washington.

21. 635-043-0155
Amended Hunting Agreement for 2015 Between ODFW and Warm Springs Tribe

Adopted: September 2, 2015. Effective Dates: September 2, 2015 through February 28, 2016

The Warm Springs Tribe and the State of Oregon have agreed to off-reservation tribal hunting under the terms and conditions of the 2014 Arrangement Section of the "Amended Hunting Agreement for 2014 Between the Oregon Department of Fish and Wildlife and the Warm Springs Tribe" incorporated herein by reference. The 2015 hunting season is underway so there is not adequate time to go through the normal rulemaking process. Continuing the hunting season without rules in place to govern the season's conduct consistent with the amended agreement would result in serious prejudice to the public interest, jeopardizing the safe and orderly conduct of the 2015 big game hunting season.

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.

Columbia River Reform

Jim Wells
Cary Johnson
Mike Wullger
Steve Fick

Forage Fish Management

Rowan Baker
Starla Gave


 





Attachments: (pdf)

Exhibit A: COMMISSION MINUTES

Approve: February 13 and April 24, 2015 Commission minutes

Action: Approval

Attachments: (pdf)

Exhibit B: 2016 Oregon Sport Fishing Regulations

The Commission will be asked to adopt permanent rules for the 2016 Oregon Sport Fishing Regulations.

Staff: Mike Gauvin, Recreational Fisheries Program Manager
Public Testimony
Rulemaking


Attachments: (pdf)


Exhibit C: Commercial Bay Clamming Rules and Housekeeping for Commercial Dungeness Crab

The Commission will be asked to adopt updated rules for commercial bay clam fishery regulations based upon new research and also adopt housekeeping rules for the commercial Dungeness crab fishery, moving previously adopted temporary rules to permanent rule.

Staff: Steve Rumrill, Shellfish Program Leader
Public Testimony
Rulemaking

Attachments: (pdf)

Exhibit D: Access and Habitat – Project Funding Approval

The Commission will be asked to review and approve the Access & Habitat Board’s July 21, 2015 recommendations for project funding.

Staff: Keith Kohl, Wildlife Area Operations Coordinator
Public Testimony
Approval

Attachments: (pdf)


Exhibit E: Oregon Conservation and Oregon Nearshore Strategies

The Commission will be asked to approve the 10-year update of the Oregon Conservation Strategy, along with the Oregon Nearshore Strategy component for submission to the U.S. Fish and Wildlife Service.

Staff: Audrey Hatch, Oregon Conservation Strategy Coordinator
Greg Krutzikowsky, Nearshore Resources Project Leader
Public Testimony
Approval

Attachments: (pdf)


OTHER BUSINESS

Executive Session

The Commission will hold an executive session to consult with legal counsel with respect to litigation filed or likely to be filed against the Commission, as authorized by ORS 192.660(2) (h) and to consider records exempt from disclosure under the public records law, that is, an attorney client privileged document, as authorized by ORS 192.660(2)(f).

ADJOURN
 
FUTURE PROPOSED COMMISSION TOPICS

October 8 & 9, 2015 – Florence (Congressional District #2)

  • 2016 Big Game Regulations – Rulemaking
  • Wolf Delisting – Informational
  • License Fees - Rulemaking

November TBD -Salem

  • Wolf Delisting – Rulemaking

December 4, 2015 – Portland (Congressional District #3)

  • Restoration and Enhancement Project Approvals – Commission Approval
  • Access and Habitat Project Approvals – Commission Approval
  • Wildlife Holding and Propagation– Rulemaking
  • Wildlife Control Operators – Rulemaking
  • Rehabilitation and Protected Wildlife – Rulemaking

 


PLEASE NOTE

AGENDA

The Commission meeting will begin at 8:00 AM September 4, 2015, 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.

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. Lunch will not be provided to the public.

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 received 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 three (3) 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 in prior to the meeting. You will be called by the Commission Chair immediately following the Director’s report portion of the agenda. Please provide twenty (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 their 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, 4034 Fairview Industrial Dr. SE, Salem, OR 97302, 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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