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ODFW seeks comment on a fish passage waiver request in Tillamook County – deadline Jan. 15

December 22, 2023

SALEM, Ore.—ODFW is seeking public comment on a fish passage waiver request from the Oregon Department of Transportation (ODOT) after they replaced a culvert at OR131 MP 4.9 during emergency work when a culvert failed during heavy precipitation.

This action has triggered Oregon's fish passage laws. In lieu of providing passage at this location, the ODOT proposes to remove a culvert on Oregon Department of Forestry land and return the creek to a natural channel in Tillamook County, Oregon.

Find more information at including ODFW's benefit analysis and a draft waiver agreement.

Public comments are due no later than Monday, Jan. 15. Send comments to Pete Baki, or mail to ODFW-ODOT Fish Passage Liaison, 4034 Fairview Industrial Dr SE, Salem, OR 97303, or call (503) 586-9827.

ODFW may grant a fish passage waiver if there are appreciable benefits to native migratory fish (NMF) greater at the mitigation site compared to the waiver site if passage were provided.

ODFW has made an initial determination that providing fish passage at the Unnamed Tributary to the Little South Fork Kilchis River mitigation site will provide greater benefits than if passage were provided at the OR131 MP 49 (Unnamed Tributary to Fagan Creek) site. Therefore, unless public comments are provided that would this determination, the waiver request may be approved.

The fish passage waiver and exemption requests will be presented to the Oregon Fish Passage Task Force for their recommendation at an upcoming meeting at the ODFW Headquarters Office in Salem on February 9, 2024. Public comments will be provided to the Task Force for their consideration.


Contact: Pete Baki, (503) 586-9827,
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