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Fish Passage Administrative Rule Revision Initiative

ODFW FISH PASSAGE ADMINISTRATIVE RULE REVISION INITIATIVE – PUBLIC COMMENT SOLICITATION

August 31, 2022

Last year ODFW initiated a fish passage administrative rule revision initiative. Updating Oregon's fish passage rules for the first time since adoption in 2006 and aligning the state's fish passage rules with the ODFW Climate and Ocean Change Policy are driving forces behind this initiative. Oregon's Fish Passage Task Force functioned as the Sub-Committee assisting and advising the Department on this initiative. ODFW solicited initial public comment and input and hosted a series of public meetings to identify and discuss draft rule revisions for consideration.

ODFW is accepting public comment on the Department's final draft of the proposed fish passage rule revisions. Public comment must be received by 11:59 pm Sunday September 25th, 2022 to be considered by the Oregon Fish Passage Task Force. To submit public comment on the proposed draft rule revisions, please identify the specific line number where your comment applies. Send your comments by email to odfw.passagerules@odfw.oregon.gov.

All public comments received by the date identified above will be provided to the Oregon Fish Passage Task Force at their next scheduled meeting October 7, 2022. This public meeting and will be held at the ODFW Headquarters Office in Salem.

Additional information on the this rule revision initiative, the proposed rule changes and supporting documents are available on the ODFW website or by contacting Greg Apke, ODFW Fish Passage Program Coordinator, at (503) 947-6228 or odfw.passagerules@odfw.oregon.gov.

TO VIEW ALL
PUBLIC COMMENTS RECEIVED

CLICK HERE
Final Draft Product - Revised 10-11-2022
New Revised 10-11-2022 ODFW Fish Passage Rule Revision Proposals (pdf)
Final Draft Product – Revised 10-21-2022 (pdf)

Proposed OAR Sections and Line Numbers for Reference:

  • 635-412-0001  Policy Intent (proposed new section Lines 1 - 12)
  • 635-412-0005 Definitions (Lines 14 - 273)
  • 635-412-0010 Task Force (Lines 275 - 316)
  • 635-412-0015 Prioritization (Lines 318 - 370)
  • 635-412-0020 Fish Passage Approval  (Lines 372 - 433)
  • 635-412-0025 Exemptions  (Lines 435 - 535)
  • 635-412-0030 Fish Passage Protests  (Lines 537 - 555)
  • 635-412-0035 Fish Passage Criteria  (Lines 557 - 999)
  • 635-412-0040 Mitigation Criteria  (Lines 1001 - 1064)

Background

ODFW has initiated a fish passage administrative rule revision process. Aligning the state's passage rules with the ODFW Climate and Ocean Change Policy is a driving force behind this initiative.

Oregon's Fish Passage Task Force, the Department's public advisory board, will function as the Rules Sub-Committee. ODFW and the sub-committee and will host a series of public meetings to identify and discuss draft rule revisions for consideration. The Oregon Fish and Wildlife Commission will consider final draft rule revisions next year during a regularly scheduled public meeting where comment or testimony can be provided.

Public participation and involvement is encouraged. The sub-committee and the Department have planned frequent virtual public meetings. If you do not have access to the internet, written comments can be mailed to Greg Apke, Oregon Department of Fish and Wildlife 4034 Fairview Industrial Drive, Salem Or 97302.

The nine-member Task Force meets regularly to advise ODFW and the Oregon Fish and Wildlife Commission on fish passage policies and issues. Task Force members represent water users and owners-operators of artificial obstructions, fisheries and conservation interests, and the general public-at-large. Additional information on the Task Force, the sub-committee and the ODFW Fish Passage Program is available on the ODFW website or by contacting Greg Apke, ODFW Fish Passage Program Coordinator, at (503) 947-6228 or ODFW.Passagerules@odfw.oregon.gov.

Public Participation and Comment Solicitation

ODFW held an initial public comment period from April 9, 2021, to May 7, 2021. Public comments received during that time are being used as input during the rules revision process. The public comment period is currently closed, however there is an opportunity to provide public comments during the RAC meetings. There will be additional opportunities for public comments as the rules are reviewed by the Fish Passage Task Force and the Oregon Fish and Wildlife Commission.

Historic Documentation

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Do you have a question or comment for ODFW? Contact ODFW's Public Service Representative at: odfw.info@odfw.oregon.gov
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