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Fish FISH DIVISION
Regulating harvest, protection, and enhancement of fish populations
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Fish Passage Administrative Rule Revision Initiative

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

House Bill 2298

Rules for HB 2298 are tentatively scheduled for review during the March 2022 Fish and Wildlife Commission meeting.

December Fish Passage Task Force Meeting Work Products

On December 3, 2021, the Fish Passage Task Force reviewed the draft rules and voted unanimously to recommend that the Fish and Wildlife Commission adopt the rules as amended during the meeting.

November Public Comment Period

Prior to the December Fish Passage Task Force meeting, the draft rules were posted for public comment from November 5 to November 26.

Tentative Timeline for Rules Development (pdf)

September 14th Meeting Materials

August Public Comment Period:

ODFW invites the public to provide comments on the draft rules for the program. Comments are due by August 31, 2021.

The following documents contain the draft rules in two different formats.

The rules are designed to permit the construction of environmental restoration weirs in qualifying streams. Environmental restoration weirs cannot be built in streams with healthy native migratory fish populations, and they can only be as large as necessary to cause overbank flooding onto the ancient floodplain during ordinary high flow events.

If fish are present in the stream, environmental restoration weirs are required to provide fish passage. However, they will be exempt from the current fish passage requirements for streams with historic but not current fish presence. 

Members of the public can send written comments to, or request additional information from, Katherine Nordholm, 4034 Fairview Industrial Dr., Salem, Ore. 97302, e-mail Katherine.e.nordholm@odfw.oregon.gov, or by calling (503) 947-6274.

July 27th Meeting Materials:

Background for House Bill 2298

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