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COMMISSION AGENDA: Friday, February 12, 2021

Meeting:

Friday, February 12, 2021 - 8:00 AM


Virtual Meeting

Printable Agenda (pdf)

View Commission meetings on YouTube

2021

Friday, February 12, 2021
See notes on the last page of this agenda for instructions on how to register to testify on the exhibit items.
DIRECTOR’S REPORT

Field Reports – in written form only

Attachments: (pdf)

EXPENDITURE REPORT

Staff: Erica Kleiner, Deputy Director of Administration

Attachments: (pdf)

ADOPT TEMPORARY RULES

Staff:  Curt Melcher, Director

Attachments: (pdf)

1. 635-042-0130
Set 2021 Columbia River Commercial Smelt Fisheries

Adopted January 28, 2021: effective January 28, 2021 through February 25, 2021.
This amended rule implements the 2021 Columbia River commercial smelt season for Zones 1 through 3 beginning January 28 through February 25, 2021. Modifications are consistent with action taken January 26 by the Departments of Fish & Wildlife for the States of Oregon and Washington at a meeting of the Columbia River.

2. 635-041-0065
Set 2021 Columbia River Winter Treaty Commercial Fisheries

Adopted January 29, 2021: effective February 1, 2021 through February 6, 2021.
This amended rule implements the 2021 winter treaty tribal commercial gillnet fishery season for The Dalles and John Day pools beginning February 1, 2021. Modifications are consistent with action taken January 26 by the Departments of Fish & Wildlife for the States of Oregon and Washington at a meeting of the Columbia River.

3. 635-041-0065
Set 2021 Columbia River Winter Treaty Commercial Fisheries and Season Revisions

Adopted February 3, 2021: effective February 3, 2021 through February 6, 2021.
This amended rule correctly limits the 2021 winter treaty tribal commercial gillnet fishery season to The Dalles and John Day pools. Modifications are consistent with action taken January 26 by the Departments of Fish & Wildlife for the States of Oregon and Washington at a meeting of the Columbia River.

4. 635-006-0210
Commercial Dungeness Crab Season Opening North of Cape Falcon

Adopted February 8, 2021: effective February 8, 2021 through August 3, 2021.
This amended rule updates Oregon’s crab Harvest Area map to include all individual Washington crab Harvest Areas (also known as fish ticket areas) so that crab harvested from Washington and landed or shipped into Oregon can be traced by area through the market chain under Oregon’s crab traceability rules.

5. 635-005-0465
Commercial Dungeness Crab Season Opening North of Cape Falcon

Adopted February 8, 2021: effective February 8, 2021 through February 15, 2021.1
This amended rule sets the opening date and related management measures for the 2020-2021 ocean commercial Dungeness crab fishery from Cape Falcon (45º 46' 00" N. Lat.) northward to the Washington border (46º 15' 00" N. Lat.) on February 16, 2021 at 9:00 a.m.

6. 635-006-0210
Return Correct Language After Incorrect Filing

Adopted February 10, 2021: effective February 10, 2021 through August 3, 2021.
This amended rule returns this rule to the correct language after a temporary rule was incorrectly filed on this rule instead of on the correct number (635-006-0201).

7. 635-006-0201
Commercial Dungeness Crab Season Opening North of Cape Falcon
Adopted February 10, 2021: effective February 10, 2021 through August 3, 2021.
This amended rule updates Oregon’s crab Harvest Area map to include all individual Washington crab Harvest Areas (also known as fish ticket areas) so that crab harvested from Washington and landed or shipped into Oregon can be traced by area through the market chain under Oregon’s crab traceability rules.

8. 635-041-0065
Set 2021 Columbia River Winter Treaty Commercial Fisheries
Adopted February 11, 2021: effective February 12, 2021 through February 15, 2021
The amended rule is needed to implement 2021 winter season commercial treaty gillnet fisheries on the Columbia River

1. A current temporary rule for this section expires February 15, 2021, so this rule will be refiled for an additional period.


OTHER BUSINESS

Property Sale and Acquisition Delegation of Authority

Staff: Ken Loffink, Administrative Services Deputy Administrator

 
COMMISSION UPDATES

Columbia River 2021 Fisheries; Working with Washington
     Chair Wahl

Beaver Management and Trap Check Working Groups update
Commissioner Wolley

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 before 8:00 AM January 13, 2021 (at least 48 hours prior to the meeting) to be included in the public forum.

Information on Rulemaking Petition Regarding Mink in Oregon
Michael Whelan, Executive Director of Fur Commission USA

EXHIBIT A: COMMISSION MINUTES

The Commission will be asked to approve draft Commission meeting minutes from January 15, 2021.


Attachments: (pdf)

EXHIBIT B: SUSPENSION OF RECREATIONAL ABALONE FISHERY

The Commission will be asked to adopt a rule to extend the current closure of the recreational abalone fishery for three years.

Staff:  Staff: Dr. Steve Rumrill, Shellfish Program Leader

Public Testimony: 48 hour Advance Registration Required

Rulemaking

Attachments: (pdf)

EXHIBIT C: REMOVAL OF BORAX LAKE CHUB FROM THREATENED AND ENDANGERED SPECIES LIST

The Commission will be asked to remove Borax Lake Chub from the state list of threatened and endangered species

Staff: Michele Weaver, ESA Program Specialist

Public Testimony: 48 hour Advance Registration Required

Rulemaking

Attachments: (pdf)


EXHIBIT D: 2020 LOWER COLUMBIA RIVER WHITE STURGEON POPULATION AND FISHERIES UPDATE

Staff will update the Commission on population status of white sturgeon and review 2020 sturgeon fisheries

Staff: Tucker Jones: Ocean Salmon and Columbia River Program Manager

Public Testimony: 48 hour Advance Registration Required

Informational


Attachments: (pdf)

EXHIBIT E: APPOINTMENT OF COMMERCIAL FISHERY PERMIT BOARD MEMBERS

The Commission will be asked to appoint members to the Commercial Fishery Permit Board.

Staff: Linda Lytle, License Services Manager

Public Testimony: 48 hour Advance Registration Required

Approval


Attachments: (pdf)

EXECUTIVE SESSION

This Executive Session is held pursuant to ORS 192.660 (2)(f) to consider information or records that are exempt by law from public inspection, as well as to consult with legal counsel concerning legal rights and duties regarding current litigation likely to be filed as authorized by ORS 192.660 (2)(h).


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@odfw.oregon.gov or mailed to 4034 Fairview Industrial Drive SE Salem, OR 97302.

March 19, 2021 – Salem

*Written public comment period will open January 15, 2021

  • A&H Project Funding- Approval
  • Rendering Recommendable Assistance to Other State Agencies- Rulemaking
  • 2021 Ocean Salmon Fisheries Informational Briefing- Informational
  • Review of Salmon Forecasts and Stock Status – Director’s Report
  • Commercial Market Squid Management – Rulemaking
  • Fish Screening Task Force Member Appointment- Approval  

April 23, 2021 – Salem

*Written public comment period will open February 15, 2021

  • 2021-2022 Oregon Game Bird Regulations- Rulemaking
  • 2021 Pacific Halibut Fisheries Regulations - Rulemaking
  • 2021 Ocean Salmon Fisheries and Ocean Terminal Fisheries - Rulemaking

May 14, 2021 - HOLD

*Written public comment period will open March 15, 2021
No Meeting Scheduled

June 18, 2021 – Salem

*Written public comment period will open April 15, 2021

  • A&H Project Funding – Approval
  • 2022 Big Game Auction and Raffle Tag Allocations – Approval
  • R&E Board's recommendations for project funding – Approval

July 9, 2021 – HOLD

*Written public comment period will open May 15, 2021
No Meeting Scheduled

August 6, 2021 – Salem

*Written public comment period will open June 15, 2021

  • 2022 Sport Fish Regulations - Rulemaking

September 17, 2021 – Salem

*Written public comment period will open July 15, 2021

  • Big Game Regulations – Rulemaking
  • A&H Project Funding - Approval

October 15, 2021 – Salem

*Written public comment period will open August 15, 2021

November 19, 2021 – HOLD

*Written public comment period will open September 15, 2021
No Meeting Scheduled

December 17, 2021 – Salem

*Written public comment period will open October 15, 2021

  • A&H Project Funding – Approval
  • Ground Fisheries and Nearshore Logbook Report – Rulemaking
  • R&E Project Approval, Appointments, STEP Annual Report –Approval

PLEASE NOTE

AGENDA

The Commission meeting will begin at 8:00 a.m. February 12, 2021 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 or see the agency’s website at https://www.dfw.state.or.us/agency/commission/minutes/.

The Commission will take a lunch recess as close to 12:00 p.m. as the agenda will accommodate.  

PUBLIC TESTIMONY REGISTRATION

If you wish to give verbal testimony on any Exhibit item scheduled on the February 12 agenda, you must register before 8:00AM Wednesday February 10, 2021; a minimum of 48 hour prior to the meeting.

HOW TO REGISTER TO SPEAK AT THE February 12, 2021 COMMISSION MEETING
When registering to testify please provide first and last name, topic, a valid email address, and  phone number.
Listed below are three way that you can register:

  1. Click on the link provided on the agenda: fill out the registration form; and click submit.
  2. Send an email the ODFW.Commission@odfw.oregon.gov ; in your email, the information listed above must be provided.
  3. Call the Department at 503-947-6044 or 503-507-5546.

PUBLIC TESTIMONY
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. Limit testimony to three (3) minutes, recognizing that substance, not length, determines the value of testimony or written information;
  2. Endorse rather than repeat testimony of other witnesses; and
  3. 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, you must register before 8:00AM Wednesday February 10; a minimum of 48 hour prior to the meeting.
Please provide 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 will be distributed to the Commission prior of the meeting day; any correspondence or materials received less than 72 hours prior to the meeting will be provided to the Commissioners the day of the meeting. If you have questions regarding this Agenda, please contact Michelle Tate, Director’s Office, Oregon Department of Fish and Wildlife, 4034 Fairview Industrial Drive SE, Salem, Oregon, 97302, or call 503- 947-6033.

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 connect to 503-947-6044.

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