Or. Admin. Code § 635-100-0135

Current through Register Vol. 63, No. 10, October 1, 2024

Section 635-100-0135 - Survival Guidelines for Species Listed as Threatened or Endangered

(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).

Or. Admin. Code § 635-100-0135

DFW 51-1999, f. & cert. ef. 7-22-99

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