Current through Register Vol. 63, No. 3, March 1, 2024
(1) As required by
ORS 496.182 and OAR 635-100-0130,
this rule describes survival guidelines for those species that were listed as
threatened or endangered in OAR 635-100-0125 after enactment of ORS
496.182(2).
Survival guidelines described in this rule apply to state agencies that own or
manage land where threatened or endangered species are present (OAR
635-100-0130).
(2) Coho salmon with
historic distribution in Columbia River tributaries downstream from Hood River
qualify, by commission action, as an endangered species (OAR 635-100-0125)
effective July 1999. These fish, known as lower Columbia River coho salmon,
occur only in the Clackamas River and Sandy River watersheds at the time of
listing. The survival guidelines are as follows:
(a) To prevent further degradation of water
quality and water quantity, actions shall be avoided that:
(A) Cause a violation of water quality
standards established by the Oregon Department of Environmental Quality;
or
(B) Reduce stream flows below
levels established in in-stream water rights by the Oregon Water Resources
Department.
(b) To
conserve stream gravel, actions shall be avoided that remove gravel from areas
used by naturally spawning coho salmon;
(c) To protect riparian areas along those
streams used by coho salmon for either spawning or juvenile rearing, actions
shall be avoided that:
(A) Eliminate mature
forests within 100 feet of streams;
(B) Prevent the natural re-establishment of
mature forests within 100 feet of streams in areas where a mature forest
previously existed; or
(C) Degrade
vegetative cover within 100 feet of streams in areas where no forest has
previously existed.
(d)
To ensure survival of migrating coho juveniles and returning adults, activities
shall be avoided that are inconsistent with:
(A) Fish passage statutes ORS
498.351 and ORS
509.605. These statutes require
adequate upstream and downstream fish passage at dams or artificial
obstructions; or
(B) Fish screening
statutes ORS 409.301 through ORS
498.346 and ORS
509.615. These statutes regulate
water diversions and the prevention of fish from entering water
diversions.
(e) The
total mortality impacts on ocean and in-river fisheries shall not exceed 15% of
the total adult abundance of wild Lower Columbia coho salmon;
(f) The impacts of hatchery programs for coho
salmon in the lower Columbia River on wild coho populations shall be consistent
with the limits imposed by the Wild Fish Management Policy (OAR
635-007-0527).
Stat. Auth.: ORS
496.004,
496.171,
496.172,
496.182,
496.192 &
498.026
Stats. Implemented: ORS
496.004,
496.171,
496.172,
496.182,
496.192 &
498.026
