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COMMISSION AGENDA: Friday, September 15, 2017

 

Meeting:

Friday September 15  – 8:00 AM
The Resort at the Mountain
Huckleberry Room
68010 East Fairway Ave
Welches, Oregon 97067

Printable Agenda (pdf)

Commission meeting on Periscope
View this Commission meeting on Periscope
Friday September 15, 2017
DIRECTOR’S REPORT

Field Reports – in written form only

Sea Lion Update

Shaun Clemens; Senior Policy Analyst
Matt Falcy; Fish Conservation Biologist

Steelhead Population Statue Update

Chris Kern, Deputy Fish Division Administrator
Tucker Jones, Ocean Salmon and Columbia River Program Manager

Sage-grouse Update

Pete Baki; Sage-grouse Mitigation Coordinator

Wolf Plan Update

Russ Morgan; Wolf Program Coordinator

Columbia Gorge, Eagle Creek Fire Update

Bruce Eddy, East Region Manager

Adopt Temporary Rules

Curt Melcher, Director

 

Attachments: (pdf)

  1. 635-066-0000, 635-066-0010

Update General Bear Season Regulations to Reflect Change in Statute Removing Non-Resident Tag Limitations
Adopted:  August 7, 2017. Effective Dates:  August 7, 2017 through December 31. 2017

A recent amendment to ORS 497.112 eliminated the 3% limitation on nonresident black bear general season tags. These revised OARs amend the rules to be consistent with statute and allow all eligible nonresident hunters with the appropriate Oregon hunting license the opportunity to purchase general season bear tags. Current rule limits the number of nonresident black bear general season tags, however, recent change to statute (House Bill 2030 in the 2017 Oregon Legislative Session) has eliminated that restriction. Failure to amend the rules would result in serious prejudice to nonresident hunters wishing to purchase general season bear tags because it reduces their opportunity to purchase tags.

  1. 635-018-0090

Reinstate Size and Catch Limit of Bass Allowed in the Central Zones
Adopted August 7, 2017: effective August 7, 2017 through December 31, 2017.

This rule reinstates the catch limit for smallmouth bass (five per day with no more than three (3) over 15 inches) throughout the Deschutes River beginning August 7 through December 31, 2017. The September angling closure downstream of Moody Rapids remains in effect.

  1. 635-043-0156

Warm Springs Tribe Hunting for 2017
Adopted:  August 8, 2017. Effective:  August 9, 2017 through January 31, 2018

The rule is needed to provide the legal authority for Warm Springs Tribal hunters to take big game, upland game bird, and furbearer species for the 2017 hunting season. The State of Oregon has authorized the Confederated Tribes of the Warm Springs hunting under the terms of this rule. The 2017 hunting season is nearly 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 2017 big game hunting season.

  1. 635-008-0153

Amend Rule to Limit Camping to Designated Campsites during the Eclipse
Adopted:  August 8, 2017. Effective:  August 16, 2017 through August 25, 2017

The rule is needed to provide the legal authority for Warm Springs Tribal hunters to take big game, upland game bird, and furbearer species for the 2017 hunting season. The State of Oregon has authorized the Confederated Tribes of the Warm Springs hunting under the terms of this rule. The 2017 hunting season is nearly 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 2017 big game hunting season.

  1. 635-053-0005

Adopt Controlled Hunt Permit Numbers for 2017 Oregon Sage-Grouse Hunting Season
Adopted: August 8, 2017. Effective:  August 8, 2017 through February 2, 2018.

This rule amendment is needed to establish the maximum number of permits that may be issued for the purpose of hunting sage-grouse during the previously established September 09 - September 17, 2017 Oregon sage-grouse season. Oregon's sage-grouse population is conservatively managed to harvest no more than 5% of the projected fall population in as many as 12 of 21 Wildlife Management Units where they are known to occur. The Oregon Fish and Wildlife Commission during their April 21, 2017 meeting adopted the dates of the 9-day sage-grouse hunting season and the season bag limit of 2 birds per hunter, but the maximum number of permits allowed per Wildlife Management Unit is dependent on the completion of biological surveys to estimate fall populations. These surveys are not completed until late July of each year and include estimating the breeding population of sage-grouse and estimating the reproductive success of nesting hens. Failure to adopt this rule would result in no sage-grouse hunting opportunities for upland game bird hunters and would deprive Department biologists from acquiring important biological information from the wings of harvested birds useful for the management of sage-grouse populations.

  1. 635-006-0215

Established Dressed Fish Conversion Factors for Sharks and Swordfish
Adopted August 11, 2017: effective August 11, 2017 through February 5, 2018

This amended rule establishes dressed weight to round weight conversion factors for several species of sharks and swordfish, which will allow these species to be landed in a dressed condition.

  1. 635-021-0090

Amend Southeast Zone Sport Angling Regulations in the Thief Valley Reservoir
Adopted August 11, 2017: effective August 11, 2017 through December 31, 2017

Amend rule to authorize catch limits and methods of take in Thief Valley Reservoir. Failure to adopt this rule would result in lost opportunity for harvest of this valuable resource by the sport fishing public.

  1. 635-019-0090

Modifications to Sport Angling Regulations in the Northeast Zone
Adopted August 14, 2017: effective August 14, 2017 through December 31, 2017

This amended rule modifies the area allowed for sport fishing in the Umatilla River.

  1. 635-041-0075, 635-042-0031

Zone 6 Treaty Indian and Non-Treaty Fall Commercial Gillnet Fisheries Adopted
Adopted August 18, 2017: effective August 18, 2017 through December 31, 2017

These rules authorize fall Treaty commercial gillnet fisheries for Zone 6 of the Columbia River. In addition, the non-Treaty commercial gillnet fisheries in Zones 4-5 are established for the early fall season. Modifications are consistent with action taken August 16, 2017 by the Departments of Fish & Wildlife for the States of Oregon and Washington in cooperation with the Columbia River Treaty Tribes at a meeting of the Columbia River Compact.

  1. 635-019-0090

Reduce Steelhead Bag Limit in the Grande Ronde and Imnaha Rivers
Adopted August 24, 2017: effective August 24, 2017 through December 31, 2017

This rule reduces the summer steelhead daily bag limit from three (3) to one (1), in response to very low observed returns of steelhead to the Grande Ronde and Imnaha Rivers in 2017.

  1. 635-023-0134

Modification to Sport Fishing Regulations in the Snake River
Adopted August 24, 2017: effective August 24, 2017 through December 31, 2017

This amended rule implements a fall Chinook fishery on the Snake River from the Oregon-Washington border upstream to the deadline below Hells Canyon Dam beginning September 1 through November 17, 2017. This rule also reduces daily bag limit of summer steelhead to zero (0) in the mainstem Snake River. Catch and release of summer steelhead will still be allowed. These rules coincide with State of Idaho regulations for this concurrent fishery and are consistent with the state of Idaho within an interstate waterway

  1. 635-039-0085

Pacific Halibut Recreational Nearshore Season from Cape Falcon to Humbug Mt. Reopened
Adopted August 28, 2017: effective August 28, 2017 through October 31, 2017

This amended rule reopens the recreational nearshore Pacific halibut season in the area between Cape Falcon and Humbug Mt. beginning at 12:01 a.m., Sunday, September 3, 2017. The National Oceanic & Atmospheric Administration (NOAA), International Pacific Halibut Commission (IPHC), and the Department (ODFW) conferred on August 28, 2017 and determined that the enough quota remained in the Oregon recreational allocation to allow this fishery to reopen.

  1. 635-041-0075

Zone 6 Treaty Indian Fall Commercial Gillnet Fisheries Adopted
Adopted August 8, 2017. Effective: September 11, 2017 through December 31, 2017

These rules authorize fall Treaty commercial gillnet fisheries for Zone 6 of the Columbia River. Modifications are consistent with action taken September 6, 2017 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. These rules are needed to authorize Zone 6 Treaty Indian commercial gillnet fisheries in the Columbia River. There is insufficient time to initiate the permanent rulemaking process to establish the Treaty gillnet fisheries by the specified date and time. Failure to set this seasons would deny fishers the opportunity to sell their harvested fish in Oregon, causing economic hardship.

  1. 635-039-0090

Close Recreational Bottomfish Fishing for All Species Except for Flatfish; Opens Flatfish Fishing to All-Depths
Adopted: September 12, 2017. Effective: September 18, 2017 through December 31, 2017

Amended rule prohibits retention of all species except for flatfish species in the Oregon recreational bottomfish fishery from September 18 through December 31 to reduce impacts to stay within pre-season specified harvest guidelines. Additionally opens fishing for flatfish to all depths. The action is intended to reduce impacts to black rockfish, yelloweye rockfish, nearshore rockfish species, and cabezon as the sport fishery harvest limits have been reached. Failure to modify rule immediately will result in serious prejudice to the public interest and parties concerned because absent modification by temporary rule the harvest guidelines is estimated to be further exceeded, which may result in potential adverse impact to the affected species.

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. The Commission is unable to take action on items brought to their attention in this forum.

Coastal Multi-species Conservation (CMP) and Management Plan implementation in Elk River

Ann Vileisis; Kalmiopsis Audubon Society President

Mary Wahl; South coast ranch co-owner; Kalmiopsis representative on ODFW's CMP group

 

Steelhead Population

David Moskowitz, the Conservation Angler

Attachments: (pdf)

Columbia River Steelhead Regulation Petition

Mark Sherwood

 

Bass/ESA Sea lions/Winter Steelhead

Conrad Gowell

 
Exhibit A: COMMISSION MINUTES

The Commission will be asked to approve draft August 4, 2017 Commission meeting minutes.

Attachments: (pdf)

Exhibit B: ACCESS AND HABITAT PROJECT FUNDING

The Commission will be asked to approve the Access and Habitat Board recommendations for project funding

Staff:

Isaac Sanders; Access and Habitat Program Coordinator

Public Testimony

Approval

Attachments: (pdf)

Exhibit C: 2018 BIG GAME REGULATIONS AND FURTAKER REGULATIONS

The Commission will be asked to approve tag numbers, seasons and regulations for 2018 and approve temporary to permanent rule amendments to include online reporting via the internet as an option for mandatory furtaker reporting.

Staff:

Tom Thornton; Game Program Manager;
Don Whittaker; Ungulate Coordinator;
Derek Broman; Carnivore-Furbearer Coordinator

Public Testimony

Rulemaking

Attachments: (pdf)

OTHER BUSINESS

Proposed 2018 Commission Dates

ADJOURN
 
FUTURE PROPOSED COMMISSION TOPICS

* Written public comments for future Commission Topics can be submitted in writing prior to the meeting date at ODFW.Commission@state.or.us or mailed to 4034 Fairview Industrial Drive SE Salem, OR 97302

October 13, 2017 – Prineville
*Written public comment period will open August 15, 2017

  • Cougar Management Plan Review – Rulemaking
  • Adoption of Administratively Set Fees - Rulemaking

November 2017 – No meeting scheduled

December 8, 2017 – Salem
*Written public comment period will open October 15, 2017

  • Restoration & Enhancement Project Approval and Board Member Appointment – Approval
  • 2018 Groundfish Fisheries Regulations and 2016 Nearshore Logbook Report - Rulemaking
  • Access & Habitat Project Funding – Approval
  • Criminal History Background Checks - Rulemaking
  • Vessel Permit Fees - Rulemaking



PLEASE NOTE

AGENDA

The Commission meeting will begin at 8:00 a.m. September 15, 2017, 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/Comm/schedule.htm .

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 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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