ODFW Administrative Rule Making and HB 2993 (2019)

Community Engagement in ODFW Rulemaking and Other Activities

Administrative Rules

Administrative rules are agency directives, standards, regulations, or statements of general applicability that implement, interpret, or prescribe law or policy, or that describe the procedure or practice requirements of an agency. Rules are created by any state board, commission, department, or officer authorized to make rules or issue orders. Agencies may adopt, amend, repeal, or renumber rules, either permanently or temporarily.

Oregon Administrative Rules (OAR) for fish and wildlife management are adopted by the Oregon Fish and Wildlife Commission consistent with ORS 496.138. These rules, along with the Oregon Revised Statutes (ORS), are the basis of the regulations published in the Oregon Big Game, Oregon Sport Fishing, Oregon Game Bird, Oregon Furbearer Trapping and Hunting regulation booklets as well as the Synopsis Oregon Commercial Fishing Regulations. Rules are adopted to implement species and other management plans. Given this wide variety of ongoing management activities, the Oregon Department of Fish and Wildlife must regularly amend, repeal and adopt administrative rules.   

Agencies are required to involve the public in the drafting of administrative rules. Much of ODFW's rulemaking activities related to setting hunting, fishing and other regulations and developing species and conservation plans involve public meetings and other outreach in advance of consideration and action by the Fish and Wildlife Commission in a public meeting.

2021 Changes to Statutes Related to Rules Advisory Committees

For newly established programs or specific areas where consensus is particularly important, the department may appoint a rules advisory committee (RAC).  If a RAC is appointed, then the department must seek the committee's recommendation as to whether the proposed rule will have a fiscal impact, the extent of the fiscal impact, and whether the rule will have a significant adverse impact on small businesses.  

In 2021, the legislature adopted new statutes (Oregon House Bill (HB) 2993 (2021) which requires that any RAC appointed by an agency represent interests of persons and communities likely to be affected by rule.  While the new statute did not define "communities," legislative history suggests that legislators were particularly interested in inclusion of communities that may have been underrepresented on RACs in the past.

As ODFW implements this new statute, we are seeking to be more intentional in considering what communities may be impacted by proposed rules and invite them into the rulemaking process. This could include representatives of Black, Indigenous, People of Color (BIPOC), low income, veterans and other underrepresented communities. To better identify communities that may be affected by our rulemaking activities, we are inviting members of the public to complete the following questionnaire regarding interest in engaging in rulemaking and other processes that may affect their community or region:  HB 2993 Questionnaire

If you have any questions, please contact ODFW's rulemaking coordinator at Michelle.L.Tate@odfw.oregon.gov

• HB 2993 Questionnaire

• Fish & Wildlife Commission Meetings

Secretary of State, Department of Fish and Wildlife Oregon Administrative Rules

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State.

• ODFW Oregon Administrative Rules

What is a Rule?

A "rule" is "any agency directive, standard, regulation or statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of any agency" - ORS 183.310(9). Agencies may adopt, amend, repeal, suspend or renumber rules, permanently or temporarily (up to 180 days), using the procedures outlined in the Oregon Attorney General's Administrative Law Manual.

• Permanent Rule Making Steps

ODFW Administrative and Temporary Rules

Oregon Administrative Rules (OARs) for fish and wildlife are adopted by the state Fish and Wildlife Commission pursuant to ORS 496.138. In addition, the state Fish and Wildlife Commission may delegate rulemaking authority to the ODFW Director pursuant to ORS 496.116. Please click the links below for a complete listing of adopted permanent and temporary rules.