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COMMISSION AGENDA: September 16, 2022

Tour:
Thursday, September 15, 2022, 8:00 AM
Hines District Office
237 Hwy 20 South
Hines, OR 97738

Printable Agenda (pdf)

Meeting:
Friday, September 16, 2022 - 8:00 AM
The Historical Central Hotel
Grand Central Room
171 N Broadway
Burns, OR 97720

Printable Agenda (pdf)

View this Commission meeting livestream on YouTube.
View photos from this meeting.Photos by Bob Swingle, ODFW.

2022

Friday, September 16, 2022

   The Fish and Wildlife Commission has moved to hybrid meetings, meaning that you have the option to attend in-person or virtually. Those who would like to provide testimony virtually must REGISTER in advance to receive a testimony link to the meeting. In-person registration will be available at the meeting.

This meeting will be live streamed to YouTube and can be viewed at https://www.youtube.com/user/IEODFW/videos

DIRECTOR’S REPORT

Field Reports – in written form only

Attachments: (pdf)

EXPENDITURE REPORT

Shannon Hurn, Deputy Director for Administration


Attachments: (pdf)

ADAPTING TO CLIMATE AND OCEAN CHANGE REPORT

Modeling streamflow and temperature to advance our understanding of the effects of climate change

Dr. Shaun Clements, Fish Division Deputy Administrator  
Courtney Zambory, Assistant Project Leader

Attachments: (pdf)

CHRONIC WASTING DISEASE

Dr. Colin Gillin, State Wildlife Veterinarian



Attachments: (pdf)

ADOPT TEMPORARY RULES

Curt Melcher, Director

Attachments: (pdf)

1. 635-039-0085

Increase Recreational Halibut Days and Bag Limit in Central Coast and Southern Oregon Subareas
Adopted: 8/10/2022 Effective: 9/1/2022 through 10/31/2022.
This amended rule authorizes fishing seven days per week for Pacific halibut in the recreational fishery in the Central Coast Subarea all-depth area (Cape Falcon to Humbug Mountain) and increases the bag limit to two fish in the Central Coast and Southern Oregon (South of Humbug Mountain) subareas from September 1 through October 31.

2. 635-017-0090

Close Retention of Chinook in Green Peter Reservoir
Adopted: 8/16/2022 Effective: 8/16/2022 through 10/31/2022.
This amended rule will close retention of Chinook in Green Peter Reservoir from May 20 through October 31 consistent with similar waterbodies in the Willamette Zone (Detroit and Foster reservoirs) where Chinook have been released above dams.

3. 635-041-0075

Set Treaty Commercial Fall Gillnet Fisheries
Adopted: 8/19/2022 Effective: 8/22/2022 through 12/31/2022.
These amended rules authorize the sales of fish caught in Zone 6 treaty gillnet fisheries to include open periods from August 22 through September 10.

4. 635-023-0095

Modify the White Sturgeon Retention fishery in the Mainstem Columbia River Downstream of Bonneville Dam
Adopted: 8/19/2022 Effective: 9/10/2022 through 12/31/2022.
This amended rule modifies the white sturgeon fishery on the mainstem Columbia River from Wauna powerlines upstream to Bonneville Dam to allow for retention on September 10, 14, and 17.

5. 635-019-0090

Close Recreational Steelhead Retention in John Day, Umatilla, and Walla Walla Rivers
Adopted: 8/19/2022 Effective: 9/1/2022 through 12/31/2022.
This amended rule closes retention of steelhead in portions of the John Day, Umatilla, and Walla Walla Rivers from September 1 through December 31.

6. 635-016-0090

2022 Fall Wild Coastal Coho Seasons
Adopted: 8/19/2022 Effective: 9/15/2022 through 10/31/2022.
This amended rule sets recreational wild coho seasons in specified Oregon coastal rivers during the fall season from September 10 through December 31.

7. 635-014-0090

2022 Fall Wild Coastal Coho Seasons
Adopted: 8/19/2022 Effective: 9/10/2022 through 12/31/2022.
This amended rule sets recreational wild coho seasons in specified Oregon coastal rivers during the fall season from September 10 through December 31.

8. 635-039-0090

Revise General Marine Fish Bag Limit and Prohibit Retention of Cabezon, China, and Copper
Adopted: 8/22/2022 Effective: 9/6/2022 through 12/31/2022.
This amended rule prohibits retention of cabezon, China, and copper rockfish and reduces the daily general marine fish bag limit to four fish when fishing from a boat. People fishing from shore may continue to retain these species as part of their daily bag limit, and their daily general marine fish bag limit remains at five fish.

9. 635-063-0010

Modification of Hunting Area Allowed with Landowner Preference Tags for Certain Hunts with Limited Tags
Adopted: 8/25/2022 Effective: 8/25/2022 through 1/31/2023

Oregon Administrative Rules establishing 2022 season dates and bag limits for elk hunting were adopted September 17, 2021. Numerous changes to the structure of elk hunt seasons resulted in a number of hunts sharing the same season dates and bag limits as six elk hunts with a limit on the number of LOP tags that may be issued pursuant to OAR 635-075-0020(1)(c). An amendment of OAR 635-075-0010 is needed so that landowners with property in multiple hunt areas are not able to circumvent the tag limits established in OAR 635-075-0020(1)(c) by using an LOP elk tag obtained for a hunt with no limit on LOP tags to hunt in a hunt area where LOP tags are limited.

10. 635-023-0130

Close Chinook Retention in the Buoy 10 Fishery
Adopted: 8/30/2022 Effective: 8/30/2022 through 12/31/2022.
This amended rule closes retention of Chinook from the mouth of the Columbia River at Buoy 10 upstream to the west Puget Island line. The change effectively starts on August 31.

11. 635-023-0130

Modify Individual Lower Columbia River Bag Limit
Adopted: 8/31/2022 Effective: 8/31/2022 through 12/31/2022.
This amended rule allows a a critically ill child, sponsored by Northwest Dream Hunts, to retain a total of three adult Chinook or hatchery coho as their daily salmon bag limit while fishing on September 6 in the lower Columbia River.

12. 635-004-0355

Commercial Nearshore Fishery Cabezon and Greenling Trip Limit Increases for Periods 5-6
Adopted: 9/1/2022 Effective: 9/1/2022 through 12/31/2022.
This rule increases two-month cumulative trip limits for the commercial nearshore fishery for periods 5-6 (September thru December 2022). For cabezon, period 5 (September thru October 2021) and period 6 (November thru December 2021) will each increase from 1,500 pounds to 2,000 pounds. For greenling, period 5 (September thru October 2021) and period 6 (November thru December 2021) will each increase from 1,000 pounds to 1,2000 pounds.

13. 635-023-0130

Close Chinook Retention in the Buoy 10 Fishery
Adopted: 9/1/2022 Effective: 9/2/2022 through 12/31/2022.
This amended rule closes salmon angling and retention from the mouth of the Columbia River at Buoy 10 upstream to Bonneville Dam starting September 2.

14. 635-019-0090

Close Recreational Steelhead Retention in John Day River
Adopted: 9/6/2022 Effective: 9/15/2022 through 12/31/2022.
This amended rule closes fishing of steelhead in the John Day River from September 15 through December 31.

15. 635-010-0019

Amend Rules to Allow Exchange of Tags for Select Controlled Hunts Impacted by Wildfire
Adopted: 9/07/2022 Effective: 9/07/2022 through 13/312022
Oregon Administrative Rules establishing hunting season dates for 2022 controlled and general season hunts, and adopting the "2022 Oregon Big Game Regulations" into administrative rule by reference, were adopted September 17, 2021. Amendment of these rules is necessary as a result of wildfires significantly impacting the ability of tag holders to participate in certain controlled hunts.

16. 635-041-0075

Set Treaty Commercial Fall Gillnet Fisheries
Adopted: 9/9/2022 Effective: 9/12/2022 through 12/31/2022.
These amended rules authorize the sales of fish caught in Zone 6 treaty gillnet fisheries during an open period from September 12 through September 17.

17. 635-067-0000

Amend Rules to Modify Season Dates for Specified 2022 Oregon Controlled Rocky Mountain Goat Hunts
Adopted: 9/09/2022 Effective Dates:  9/09/2022 through 12/31/2022
Oregon Administrative Rules establishing season dates for 2022 controlled Rocky Mountain goat hunts were adopted by the Commission on September 17, 2021. Amendment of these rules is necessary as a result of wildfires significantly impacting the ability of tag holders to participate in certain controlled hunts

18. 635-021-0090

Reduce Angling Restrictions in Haystack Reservoir
Adopted: 9/12/2022 Effective: 9/16/2022 through 12/31/2022.
This amended rule addresses fishing regulations in Haystack Reservoir. The dam that holds back water creating Haystack Reservoir needs emergency maintenance. The maintenance requires the reservoir to be drained to a very low water level that will likely not be suitable for fish. To allow anglers to harvest the fish prior to the low water conditions, all size limits, bag limits, and gear restrictions for gamefish are lifted from September 16 through November 30.

19. 635-041-0075

Set Treaty Commercial Fall Gillnet Fisheries
Adopted: 9/14/2022 Effective: 9/19/2022 through 12/31/2022.
These amended rules authorize the sales of fish caught in Zone 6 treaty gillnet fisheries during an open period from September 19 through September 22.

20. 635-042-0060

Modify Select Area Sales and Authorize Mainstem Columbia River Commercial Fisheries
Adopted: 9/14/2022 Effective: 9/18/2022 through 12/31/2022.
These rules authorize fishing periods on September 18 through September 23 in the mainstem Columbia River Commercial Zones 4-5 and prohibit retention and sale of white sturgeon in the Blind/Knappa Slough, Tongue Point/South Channel, Youngs Bay, and Deep River Select Area fisheries

21. 635-023-0130

Amend Lower Columbia River Recreational Fall Salmon Retention Fisheries
Adopted: 9/14/2022: Effective: 9/15/2022 through 12/31/2022.
This amended rule reopens the lower Columbia River recreational salmon fisheries with reduced area from September 15 through October 31.

22. 635-042-0145, 635-042-0160, 635-042-0170, 635-042-0180

Modify Select Area Sales and Authorize Mainstem Columbia River Commercial Fisheries
Adopted: 9/14/2022 Effective: 9/18/2022 through 12/31/2022.
These rules prohibit retention and sale of white sturgeon in the Blind/Knappa Slough, Tongue Point/South Channel, Youngs Bay, and Deep River Select Area fisheries.

OTHER BUSINESS

High Desert Partnership; Brenda Smith, Executive Director
Proposed 2023 Commission meeting dates

Attachments: (pdf)

COMMISSION UPDATES

 

Attachments: (pdf)


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, September 14, 2022 (at least 48 hours prior to the meeting to be included in the public forum).

Wolf Management

Amy Patrick, Oregon Hunters Association
John Williams
Tom Birkmaier

Wolf Conservation and Management Plan, Process for Stakeholder Review 

Danielle Moser, Oregon Wild

Closure of the Columbia River Below the Bonneville Dam to Fishing

Steve Toschi

Elk River

Leonard Krug, Oregon Anglers Alliance

Attachments: (pdf)

EXHIBIT A: COMMISSION MEETING MINUTES

The Commission will be asked to approve draft Commission meeting minutes from August 5, 2022.

Attachments (pdf)

EXHIBIT B: BIG GAME REGULATIONS 2023 TAG SETTING, SEASONS AND REGULATIONS

The Commission will be asked to approve Big Game tag numbers, seasons, and regulations for 2023

Staff: Brian Wolfer, Game Program Manager
Dr. Don Whittaker, Ungulate Species Coordinator
Derek Broman, Carnivore/Furbearer Coordinator

Public Testimony: 48-hour Advance REGISTER required for virtual participation.  

Rulemaking

Attachments (pdf)

EXHIBIT C: ACCESS AND HABITAT PROGRAM BOARD APPOINTMENT

The Commission will be asked to appoint a Landowner Representative to the Access and Habitat Board.

Staff: Travis Schultz, A&H Program Coordinator -Virtual
Brian Wolfer, Game Program Manager

Public Testimony: 48-hour Advance REGISTER required for virtual participation

Appointment

Attachments (pdf)

EXHIBIT D: PENDLETON OFFICE PROPERTY ACQUISITION PROJECT

the Commission will be asked to approve the acquisition of 10 acres of land in Pendleton, Oregon, which will be the future home of a new Pendleton District Office.

Staff: Nick Myatt, East Region Manager

Public Testimony: 48-hour Advance REGISTER required for virtual participation.

Approval

Attachments (pdf)

EXHIBIT E: CONSERVATION AND RECREATION FUND RULE AMENDMENT

The Commission will be asked to amend Oregon Conservation and Recreation Fund (OCRF) rules in Division 098.

Staff: Dr. Charlotte Regula-Whitefield, OCRF Program Coordinator- Virtual
Sarah Reif, Habitat Division Administrator

Public Testimony: 48-hour Advance REGISTER required for virtual participation.

Rulemaking and Approval


Attachments (pdf)

EXHIBIT F: OREGON AGRICULTURAL HERITAGE COMMISSION, FISH AND WILDLIFE HABITAT REPRESENTATIVE APPOINTMENT

The Commission will be asked to approve appointment to Oregon Agricultural Heritage Commission (OAHC)

Staff: Sarah Reif, Habitat Division Administrator

Public Testimony: 48-hour Advance REGISTER required for virtual participation.

Approval


Attachments (pdf)

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.  

October 14, 2022 – Coos Bay

*Written public comment period will open August 15, 2022

  • Renewable Energy – Director's Report
  • Salmon Carcass Disposition- Rulemaking
  • Jump Creek Fish Passage Exemption- Approval

November 18, 2022 – HOLD No Meeting Scheduled

*Written public comment period will open September 15, 2022

December 16, 2022 – Portland

*Written public comment period will open October 15, 2022

  • ODFW Carbon Reduction Plan – Director's Report
  • Access and Habitat Project Funding- Approval
  • Restoration and Enhancement & Salmon and Trout Enhancement Programs Reports; R&E Board Appointments – Informational/Approval
  • Salmon and Trout Enhancement Program Rules – Rulemaking
  • 2023 Groundfish Fisheries Regulations and 2021 Nearshore Logbook Report- Rulemaking
  • Siletz Tribal Memorandum of Understanding - Approval

PLEASE NOTE

HOW TO REGISTER TO SPEAK AT THE COMMISSION MEETING

Public Comment and Public Hearing Testimony: Regular Commission meetings allow for in-person, virtual, or written public comment. When registering to testify please provide first and last name, topic, a valid email address, and phone number.

Comment and testimony are limited to three minutes. All parties interested in providing public comment or testifying as part of a public hearing shall participate using one of the following methods:

  • In-Person Comment: Parties interested in providing in-person verbal public comment shall fill out a "Witness Registration" form available at the meeting.
  • Video or Audio Conference Call: If you wish to give virtual testimony on Exhibits scheduled on the Friday, September 16 agenda, YOU MUST REGISTER (REGISTER) BEFORE 8:00 AM WEDNESDAY September 14, 2022; a minimum of 48 hour prior to the meeting. Staff will collect contact your information and provide information on how to access the meeting to provide comment.
  • Written Comment: Send to ODFW.Commission@odfw.oregon.gov or 4034 Fairview Industrial Drive SE, Salem, Oregon, 97302. 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.

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, or ODFW.Commission@odfw.oregon.govYOU MUST REGISTER BEFORE 8:00AM WEDNESDAY September 14, 2022; 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 act on items brought to their attention in this forum.

THANK YOU FOR TAKING THE TIME TO PRESENT YOUR VIEWS

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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