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COMMISSION AGENDA: August 4, 2023

Meeting:
Friday, August 4, 2023 - 8:00 AM
Oregon Dept of Fish and Wildlife  
Commission Room/ Hybrid
4034 Fairview Industrial Dr SE
Salem, OR 97302

Printable Agenda (pdf)

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

2023

Friday, August 4, 2023

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  (Registration) 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)

BUDGET UPDATE

Shannon Hurn, Deputy Director for Administration
Brandy Nichols, Budget, and Economics Program


Attachments: (pdf)


LEGISLATIVE UPDATE

Dr. Debbie Colbert, Deputy Director of Fish and Wildlife Programs

Attachments: (pdf)

ADAPTING TO CLIMATE AND OCEAN CHANGE REPORT

Process/Timeline for Updating the Oregon Conservation Strategy Plan

Emily VanWyk, Acting Conservation Strategy Coordinator
Dr. Carolyn Eckrich, Conservation Strategy Revision Coordinator
Bernadette Graham-Hudson, Wildlife Division Administrator

Attachments: (pdf)

ADOPT TEMPORARY RULES

Curt Melcher, Director

Attachments: (pdf)

  1. 635-019-0090
    Steelhead Protections in Lower John Day River Waters
    Adopted 6/27/2023: effective 6/27/2023 through 8/31/2023.
    This amended rule reduces the daily bag limit for hatchery steelhead in the lower John Day River from June 16 through August 31.

  2. 635-004-0355
    Commercial Nearshore Fishery Limit Increases for Periods 4-6
    Adopted 6/28/2023: effective 7/5/2023 through 12/31/2023.
    This amended rule will increase the commercial nearshore fishery two-month cumulative trip limits for black rockfish, other nearshore rockfish, cabezon, and greenling management categories for periods 4-6 (July-December 2023).

  3. 635-004-0355
    Commercial Nearshore Fishery Limit Increases for Periods 4-6
    Adopted 6/28/2023: effective 7/5/2023 through 12/31/2023.
    This amended rule will increase the commercial nearshore fishery two-month cumulative trip limits for black rockfish, other nearshore rockfish, cabezon, and greenling management categories for periods 4-6 (July-December 2023).

  4. 635-014-0090, 635-016-0090
    Northwest and Southwest Zone Chinook Bag Limit Reductions and Area Closures
    Adopted 7/1/2023: effective 7/1/2023 through 12/7/2023.
    These amended rules will modify bag limits, close salmon fishing, and implement other conservation measures for protection of wild Chinook in specified Oregon coastal rivers during various time periods between July 1 and December 31 in the Northwest and Southwest Zones.

  5. 635-023-0128
    Modify Recreational Salmonid Fisheries in the Columbia River During Summer Season
    Adopted 7/6/2023: effective 7/6/2023 through 7/31/2023.
    This amended rule closes the retention of adult Chinook in the on-going Columbia River recreational salmon and steelhead fishery from July 1 through July 31 (remainder of summer season).

  6. 635-041-0076
    Authorize Commercial Sales for Treaty Indian Summer Fisheries
    Adopted 7/6/2023: effective 7/6/2023 through 7/31/2023.
    This amended rule authorizes the sales of fish caught in treaty fisheries. Gillnet fisheries are open in Zone 6 (between Bonneville and McNary dams) during a period from 6:00 a.m. July 3 through 6:00 p.m. July 6.

  7. 635-017-0090
    Close mainstem McKenzie River
    Adopted 7/7/2023: effective 7/15/2023 through 8/15/2023.
    This amended rule closes the mainstem McKenzie River from the mouth of Trout Creek to the Leaburg Dam to all salmon angling.

  8. 635-041-0045, 635-041-0076
    Modify Commercial Sales for Treaty Indian Summer Fisheries
    Adopted 7/7/2023: effective 7/8/2023 through 7/31/2023.
    This amended rule modifies the allowable sales of fish caught in treaty fisheries after 6:00 pm on July 8.
    Zone 6 platform and hook-and-line, Yakama Nation Zone 6 tributary, and platform and hook-and-line downstream of Bonneville Dam.

  9. 635-021-0090
    Close Angling in Hagelstein Lake
    Adopted 7/11/2023: effective 7/17/2023 through 12/31/2023.
    This amended rule will close Hagelstein Lake to angling from July 5 through the end of 2023. This will protect the endangered suckers present in the lake.

  10. 635-041-0076
    Authorize Commercial Sales for Treaty Indian Summer Fisheries
    Adopted 7/11/2023: effective 7/11/2023 through 7/31/2023.
    This amended rule authorizes the sales of fish caught in treaty fisheries. Gillnet fisheries are open in Zone 6 (between Bonneville and McNary dams) during a period from 6:00 a.m. July 3 through 6:00 p.m. July 6.

  11. 635-041-0045, 635-041-0076
    Set Treaty Commercial Fall Fisheries
    Adopted 7/20/2023: effective 7/21/2023 through 7/31/2023.
    These amended rules authorize the sales of fish caught in treaty fisheries.
    • Platform hook and line fisheries are open in Zone 6 (above Bonneville Dam) from July 21 through December 31.
    • Platform and hook-and-line fisheries are open downstream from Bonneville Dam from July 21 through October 31.
    • Yakama Nation tributary fisheries are open from July 21 through December 31.

  12. 635-039-0085
    Increase Recreational Halibut Days Columbia River and Central Coast Subareas
    Adopted 7/25/2023: effective 8/3/2023 through 10/31/2023.
    This amended rule authorizes fishing for Pacific halibut five additional days (August 26, 27, and September 8, 9, 22) in the Columbia River Subarea. It also authorizes fishing for seven days per week for Pacific halibut in the recreational fishery in the Central Coast Subarea all-depth area (Cape Falcon to Humbug Mountain) from August 3 through October 31.

  13. 635-023-0130
    Set Recreational Fall-Season Salmonid Fisheries and Thermal Angling Sanctuaries in the Columbia River
    Adopted 7/25/2023: effective 8/1/2023 through 12/31/2023.
    This amended rule sets the Columbia River recreational salmonid fisheries from August 1 through December 31. This rule also closes angling in portions of the mainstem Columbia River adjacent to the mouths of Eagle Creek and the Deschutes River, and that portion of Herman creek and lagoon within the Columbia River Zone through September 15.

  14. 635-023-0095
    Close Columbia River Sturgeon Angling Above The Dalles Dam
    Adopted 7/27/2023: effective 7/29/2023 through 9/18/2023.
    This amended rule closes the mainstem Columbia River from The Dalles Dam upstream to the Oregon/Washington border upstream of McNary Dam to all sturgeon angling.

  15. 635-016-0090
    North Umpqua River Angling Closure
    Adopted 7/27/2023: effective 7/31/2023 through 12/7/2023.
    This amended rule will prohibit angling in the North Umpqua River from the mouth upstream to the marker below Soda Springs Dam.

  16. 635-065-0635, 635-065-0760
    Amend Cooperative Travel Management Areas Regulations for 2023 Hunting SeasonsAdopted:
    Adopted: July 27, 2023 – Effective Dates:  July 27, 2023 through January 22, 2024
    The Oregon Fish and Wildlife Commission may enter into agreements with owners and lawful possessors of land to restrict the use or parking of motor vehicles on certain lands. This rule modification is necessary to reflect public use access agreements in rule between the department and land management agencies that include restrictions on the use of motor vehicles.

  17. 635-071-0000, 635-073-0000
    Amend Rules to Modify Season Dates for Specified 2023 Oregon Controlled Elk Hunts
    Adopted: July 27, 2023 – Effective Dates:  July 27, 2023 through January 22, 2024
    Oregon Administrative Rules establishing seasons and tag numbers for 2023 Rocky Mountain elk controlled hunts and controlled elk bow hunts were adopted September 16, 2022. Season dates adopted at that time included date errors for three hunts shown in the 2023 hunt tables reviewed by the Fish and Wildlife Commission. These rule amendments are needed to correct the season dates to reflect the accurate dates published in the referenced 2023 Big Game Regulations.

  18. 635-075-0010
    Limiting Hunt Areas To Comply With Certain Hunts With Limited Landowner Preference Tags
    Adopted: July 27, 2023 – Effective Dates:  July 27, 2023 through November 30, 2023
    An amendment of OAR 635-075-0010 is needed so that landowners with property in multiple hunt areas are not in conflict with the tag limits established in OAR 635-075-0020(1)(c) by using an elk tag obtained for a hunt with no limit on LOP tags to hunt in a hunt area where LOP tags are limited
    16)

  19. 635-041-0045, 635-041-0075
    Set Treaty Commercial Fall Fisheries
    Adopted 8/1/2023: effective 8/1/2023 through 12/31/2023.
    These amended rules authorize the sales of fish caught in treaty fisheries.
    • Platform hook and line fisheries are open in Zone 6 (above Bonneville Dam) from July 21 through December 31.
    • Platform and hook-and-line fisheries are open downstream from Bonneville Dam from July 21 through October 31.
    • Yakama Nation tributary fisheries are open from July 21 through December 31.

  20. 635-042-0031, 635-042-0145, 635-042-0160, 635-042-0170, 635-042-0180
    Adopt Select Area and Mainstem Columbia River Commercial Fisheries
    Adopted 8/1/2023: effective 8/1/2023 through 12/31/2023.
    These rules implement 2023 fall Columbia River Mainstem and Select Area commercial fisheries. The following fisheries are addressed by these rules: Columbia River Early Fall (Zones 4-5), Blind/Knappa Slough, Tongue Point/South Channel, Youngs Bay, and Deep River.

  21. 635-004-0275
    Federal Actions and Management Measures Implemented for Commercial Groundfish Fisheries
    Adopted 8/2/2023: effective 8/2/2023 through 12/31/2023.
    This amended rule adopts in-season actions previously adopted by the federal government for 2023-2024 Pacific Coast Limited Entry Fixed Gear and Open Access commercial groundfish fisheries, including, but not limited to, increases in sablefish, lingcod, and canary rockfish trip limits.

COMMISSION UPDATES

Western Association of Fish and Wildlife Agencies Summer Meeting

Commissioner Mark Labhart
Commissioner Becky Hatfield-Hyde


Attachments: (pdf)

OTHER BUSINESS

 

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 A.M. Wednesday, August 2, 2023, at least 48 hours prior to the meeting to be included in the public forum.

Changes made in temporary rule to the Nehalem, Tillamook, Tillamook Bay areas.

John Carter, Fishing Guide

North Umpqua Summer Steelhead

Tez Stair,
Shane Stalling
David Moskowitz, The Conservation Angler  

Attachments: (pdf)

 

 

 

 

EXHIBIT A: COMMISSION MEETING MINUTES

The Commission will be asked to approve draft Commission meeting minutes from June 16, 2023.

Attachments (pdf)

EXHIBIT B: PRIVATE FOREST ACCORD MITIGATION FUND ADMINISTRATIVE RULES ADOPTION

The Commission will be asked to approve the Administrative Rules for the Private Forest Accord Mitigation Fund.

Andrew Spyrka, Private Forest Accord Grant Coordinator
Sarah Reif, Habitat Division Administrator

Public Testimony (Virtual Testimony 48- hour Advance Registration Required)
Rulemaking

Attachments (pdf)

ANNUAL RECOGNITION AWARD RECIPIENTS

Curt Melcher, Director
Mary Wahl, Commission Chair

Award Presentation begins at 11:00 AM

Individual Pride Awards:

Michelle Claudy, West Region/Rogue Watershed
Mark Hereford, East Region/Fish Division
Chris Lorion, HQ/Fish Division
Kelly McMillen, HQ/Information Services Division
Mike Moore, East Region, Habitat Division
Justin Primus, East Region/Wildlife Division
Michelle Tate, HQ/Director’s Office
Gary Vonderohe, West Region/Fish Division
Rachel Wheat, PhD, HQ/Wildlife Division

Director’s Pride Award:

Brenda Miller, HQ/Information Services Division

Team Pride Awards:

Instream Water Rights, Habitat Division:  Danette Faucera, Chandra Ferrari, Stan French, Anne Hayden-Lesmeister, Pete Markos, Francisco Pickens, Spencer Sawaske, Jacob Sleasman

Klamath Dam:  Mark Hereford, Anika Marriot (DOJ), Philip Milburn, Benji Ramirez, Bill Tinniswood, Ted Wise

Workday-Payroll Team: Debra Cuccia, Catherine Kennedy, Veniamin Kristev, Juanito Senarillos, Cheryl Simar, James Spencer, Natalie Sutter, Daphne Trimpe

Director’s Team Award:

Contract Services: April Brendan-Locke, Kathy Blehm, Alan Hansen, Jake Howard, Marcus Jones, Rhea Rodriguez, Patty Whalen, Ashley Wright

Land Stewardship Award:
Maria Yeager

Manager Mentor Award:
DeWaine Jackson, West Region, Umpqua Watershed

Diversity, Equity, and Inclusion (DEI) Award
Katie Pierson

Dave Liscia Volunteer Award:

The Liggon Family:  Walter Liggon, Judy Alice Liggon, Judy Ann Liggon, Kenneth Liggon, Susana Maese, Elvira Hernandez

EXHIBIT C: MEMORANDUM OF AGREEMENT BETWEEN ODFW AND THE CONFEDERATED TRIBES OF GRAND RONDE

The Commission will be asked to approve a Memorandum of Agreement and adopt OARs to implement the terms of the agreement.

Davia Palmeri, Acting Land Resources Manager
Cheryle Kennedy, Chairman; Confederated Tribes of Grand Ronde

Public Testimony (Virtual Testimony 48- hour Advance Registration Required)
Rulemaking

Exhibit begins at 1:30 pm

Attachments (pdf)

EXHIBIT D: 2024-2025 RECREATIONAL ANGLING REGULATION AUTHORIZATION AND REORGANIZATION

The Commission will be asked to conduct rulemaking for the 2024-25 Recreational Sport Fishing Regulations and add rules to provide greater spatial resolution of rule numbers within each zone.

John Seabourne, Fish Division Operations Manager
Michael Gauvin, Recreational Fisheries Program Manager

Public Testimony (Virtual Testimony 48- hour Advance Registration Required)
Rulemaking

Attachments (pdf)

EXHIBIT E: COMMERCIAL DUNGENESS CRAB FISHERIES

The Commission will be asked to adopt several rules for the ocean commercial Dungeness crab fishery including existing marine life entanglement risk reduction measures that are scheduled to sunset after the 2022-2023 season; two new marine life entanglement risk reduction measures; and two minor rule amendments to increase operational efficiency in the fishery.

John North, Deputy Administrator for Marine and Columbia River Fisheries

Public Testimony (Virtual Testimony 48- hour Advance Registration Required)
Rulemaking

Attachments (pdf)

EXECUTIVE SESSION

The Commission will hold an executive session pursuant to ORS 192.660 (2)(e), (2)(f) and (2)(h), which allows the Commission to meet in executive session to conduct deliberations with persons designated by the governing body to negotiate real property transactions, to consider information or records that are exempt by law from public inspection, and to consult with legal counsel concerning the legal rights and duties of a public body with respect to current litigation or litigation likely to be filed.

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.  

September 15, 2023 - Bend

*Written public comment period will open July 15, 2023

  • Access and Habitat Project Funding- Approval
  • Big Game Regulations; Tag Setting, Seasons, and Regulations- Rulemaking
  • Coyote Killing Contest Ban -Rulemaking
  • Oregon Conservation and Recreation Fund Rule Revision -Rulemaking
  • Minam Land Acquisition – Approval
  • Salmon and Trout Enhancement Program Advisory Committee Rules – Rulemaking
  • Tillamook Bay Cockle Clam Commercial Harvest Quota- Rulemaking
  • 2023 Ocean Terminal Salmon Fisheries – Rulemaking

October 13, 2023 – Klamath Falls

*Written public comment period will open August 15, 2023

November 17, 2023 – HOLD No Meeting Scheduled

*Written public comment period will open September 15, 2023

December 15, 2023 - McMinnville

*Written public comment period will open October 15, 2023

  • Access and Habitat Project Funding- Approval
  • Restoration and Enhancement Project Funding- Approval
  • Oregon Conservation and Recreation Fund Project Funding- Approval
  • 2024 Groundfish Fisheries Regulations - Rulemaking

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, August 4 agenda, YOU MUST REGISTER (Registration) BEFORE 8:00 AM WEDNESDAY, August 2, 2023; a minimum of 48 hour prior to the meeting. Staff will collect contact 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 to 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.gov. YOU MUST REGISTER BEFORE 8:00AM WEDNESDAY, August 2, 2023; a minimum of 48 hours 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- 947-6044.

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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