Current through Register Vol. 63, No. 3, March 1, 2024
(1) In accordance with ORS
496.162, Department staff shall
continually monitor the status of fish, shellfish, and marine invertebrates and
report promptly to the Director and Commission any serious or abnormal changes
in health or abundance of the resource.
(2) Except as provided in subsections (2)(a)
and (2)(b), the Commission shall adopt biennially rules prescribing seasons,
bag limits, method of harvest, and specific restrictions considered necessary
to provide optimum recreational and aesthetic benefits to anglers and other
citizens;
(a) In the event more restrictive
rules are needed to protect or preserve a species or stock experiencing
depletion or drastic decline in health or abundance the Commission shall
consider adopting rules at its earliest opportunity to prevent further
depletion or decline;
(b) In the
event more liberal rules are needed to allow anglers to harvest stocks which
become more abundant than expected or which would otherwise be wasted, the
Commission shall consider adopting rules at its earliest opportunity to prevent
waste and provide additional public recreation.
(3) In order to facilitate incorporation of
all available information relating to angling regulations, and to reduce the
costs associated with promulgating rules to establish regulations and making
those regulations available to the public, it is desirable that major changes
in seasons, bag limits, methods of harvest and specific regulations be made
during Major Public Process Cycles which will take place every four years or at
such intervals as determined by staff to best incorporate public input and that
during interim years, angling regulations be adopted biennially without
substantive change. In order to so limit substantive changes to angling
regulations to the degree practicable, during Major Public Process Cycles
starting in 2013 the following standards and procedures shall be followed:
(a) The Department will request proposals for
new or modified regulations during Major Public Process Cycles. Such proposals
shall include: identity of sponsor, name of waterbody or species, proposed
wording, a stated reason the rule is considered necessary. Actions intended to
change fishing opportunities must clearly identify need, benefit and rationale
for change; must clearly demonstrate the benefit of changing regulations, must
clearly acknowledge impacts to other anglers and social support for change, and
demonstrate that changes do not cause or increase risk to fish populations,
reproduction or recruitment, or maintaining future fisheries. If intended to
conserve fish populations, regulation changes must demonstrate a conservation
benefit, demonstrate that current regulations do not adequately protect
populations. A standard form for submitting proposals will be available from
Department offices by January 1 the year of the Major Public Process
Cycle;
(b) Absent extenuating
circumstances only proposals received by February 28 will be included in the
process described in subsections (3)(c), (3)(d), (3)(e), and (3)(f);
(c) Proposals received by February 28 shall
be reviewed by Department staff and enforcement personnel. Reviews will be
based on criteria listed in subsection (3)(g). Like proposals may be grouped or
consolidated. Proposals not passing department reviews will be eliminated from
the process prior to Commission meetings. By May 15 the Department will provide
to sponsor, the results of the review and specific basis for rejection or
acceptance of the proposal along with relevant comments;
(d) A summary of all angling regulation
proposals received by February 28 and passing staff and enforcement personnel
reviews described in subsection (3)(c) will be publicized through the news
media to identify the issues which are being processed;
(e) Proposals passing staff and enforcement
personnel reviews described in subsection (3)(c) may be presented at public
meetings to allow public comment on the merits of the proposal and determine
levels of public support for proposed rules. Such meetings will be held prior
to July 1;
(f) A Commission hearing
will be held in late summer or early fall to establish angling regulations.
Only properly submitted angling regulation proposals in compliance with
subsections (3)(a), (3)(b), and (3)(d) shall be considered; others may be
considered at discretion of Commission;
(g) In determining the merits and necessity
of a proposed regulation and in making the decision on adoption, the Commission
may consider one or all of the following. The proposed rule should be:
(A) Consistent with ODFW fish management and
conservation policies and rules;
(B) Consistent with federal fish management
plans and mandates;
(C) Consistent
with statutory mandates and within ODFW's rule-making authority;
(D) Based on an established need;
(E) Consistent with biologically sound
principles and biologically feasible;
(F) Supported by affected citizens and
address an established social need;
(G) Easily understood with clearly defined
limits or boundaries;
(H)
Enforceable.
(h)
Proposed regulations which fail to meet these conditions may be eliminated from
the Major Public Process prior to Commission consideration.
(4) Nothing in this rule shall in
any way limit any rights conferred under ORS
183.390 and OAR
137-001-0070.
