Or. Admin. Code § 635-007-0505

Current through Register Vol. 63, No. 12, December 1, 2024

Section 635-007-0505 - Implementing the Native Fish Conservation Policy

(1) Conservation Plans: The Native Fish Conservation Policy shall be implemented primarily through conservation plans developed for individual species management units and adopted by the Commission. Conservation plans shall illustrate a range of options for recovery strategies, fisheries and the responsible use of hatchery produced fish and may include subbasin plans, NOAA Fisheries recovery plans, and other plans that address the elements contained in subsections (5), (6), (7), and (8) of this rule.

(2) Conservation plans shall be based on the concept that locally adapted populations provide the best foundation for maintaining and restoring sustainable naturally produced native fish.

(3) Planning and implementation shall proceed incrementally, consistent with available funding, according to priorities established by the Department with collaboration and input from affected tribal governments, management partners, and the public. The Department shall place highest priority on developing conservation plans for species management units having one or more of the following characteristics:

(a) Contain fish that are listed under the federal or state Endangered Species Act or as a state sensitive species or contain naturally produced native fish populations that demonstrate continued decline or extirpation from a significant portion of their range;

(b) Contain new hatchery programs or existing hatchery programs that need substantial change;

(c) Have high public interest or economic or other impact on the local community; or

(d) Where the Departmental resources available for the planning and implementation efforts will likely lead to a significant increase in naturally produced native fish.

(4) The Department shall develop and maintain a statewide list of species management units and their constituent populations, including appropriate hatchery produced fish, for native fish belonging to the genus Oncorhynchus. Lists for other taxonomic groups will be developed as prioritized pursuant to subsection (3) of this rule.

Plan Contents

(5) Native fish conservation plans will address the following elements:

(a) Identification of the species management unit and constituent populations pursuant to subsection (4) of this rule;

(b) Description of the desired biological status relative to biological attributes contained in subsection (6) of this rule;

(c) Description of current status relative to biological attributes contained in subsection (6) of this rule;

(d) An assessment of the primary factors causing the gap between current and desired status, if there is a gap, and identify factors that can be managed;

(e) A description of the short- and long-term management strategies most likely to address the primary limiting factors;

(f) A description of monitoring, evaluation, and research necessary to gauge the success of corrective strategies and resolve uncertainties;

(g) A process for modifying corrective strategies based upon the monitoring, evaluation and research results;

(h) Measurable criteria indicating significant deterioration in status, triggering plan modification to begin or expand recovery actions;

(i) Annual and long-term reporting requirements necessary to document data, departures from the plan, and evaluations necessary for adaptive management, in a format available to the public;

(j) A description of potential impacts to other native fish species.

(6) Measurable Criteria: Each native fish conservation plan shall include specific, measurable criteria of species performance. Depending upon available information, criteria will be developed for the following primary biological attributes:

(a) Distribution of populations within unit;

(b) Adult fish abundance for constituent populations;

(c) Within and among population diversity;

(d) Population connectivity;

(e) Survival rate to each critical life history stage;

(f) Standardized rate of population growth for constituent natural populations;

(g) Forecast likelihood of species management unit persistence in the near and long terms.

(7) Conservation plans shall also contain secondary criteria such as migration timing, spawn timing, age structure, sex ratios, stray rates, habitat complexity, artificial barriers, and harvest rates. These secondary criteria shall be used to help assess and link the effectiveness of management actions to address limiting factors as they affect the primary biological attributes described in subsection (6).

(8) Process for Developing Plans: When developing fish conservation plans, delineating naturally reproducing populations, and defining species management unit borders, the Department shall:

(a) Use the most up-to-date and reliable scientific information and, as appropriate, convene an ad hoc team of scientists for collaboration and assistance;

(b) Solicit the assistance and independent peer review by scientists including but not limited to the Independent Multidisciplinary Science Team and university fishery management programs; and

(c) Seek input and involvement from appropriate tribal, state, local, and federal management partners, university programs, and the public. Affected tribal governments shall be consulted in the development and implementation of conservation plans.

(9) Interim Measures: Until an individual conservation plan is completed for a species management unit, the Department shall continue to manage native fish in that unit according to existing statutes, administrative rules, Commission directives and binding agreements. In addition, the Department shall manage such populations in a manner that will avoid addition of new species to the State "Sensitive Species" list. Development of conservation plans shall be governed by this Native Fish Conservation Policy. Implementation of those plans shall be as specified in the plan.

(10) Status Reports: The Department shall prepare and present to the Commission an Oregon native fish species status report at timely intervals adequate to track progress, or at the request of the Commission or Director. This report shall include:

(a) Identification of all existing native fish conservation plans;

(b) Status assessments addressing biological attributes related to species performance as described in subsection (6) of this rule and the methods and assumptions used to make these assessments, including those used because of missing or insufficient data; and

(c) Appropriate modifications to the list of populations and species management units, and additional research needs.

(11) Cooperative Recovery Planning: In implementing the Native Fish Conservation Policy and consistent with the Oregon Plan, the Department will encourage the development of complementary policies and plans by other state and federal regulatory agencies and tribes that supports a unified conservation effort.

(12) The Commission shall revise existing fish management basin plans as necessary to support the implementation of Native Fish Conservation Policy conservation plans. The Commission shall make appropriate revisions to affected fish management basin plans when the Commission approves the corresponding conservation plan. Pending approval of a specific conservation plan, the conservation of native fish populations shall be guided by fish management basin plans. However, if adherence to such basin plans will likely prevent the affected populations from meeting the Native Fish Conservation Policy interim criteria described in 635-007-0507, then the interim criteria will be used by the Department to guide the conservation of native fish populations. For those populations without basin plans, the Department shall use the Native Fish Conservation Policy interim criteria described in 635-007-0507 to guide the conservation of such populations.

Or. Admin. Code § 635-007-0505

DFW 131-2002, f. & cert. ef. 11-22-02; DFW 96-2003, f. & cert. ef. 9-19-03

Stat. Auth.: ORS 496.012 & 496.138

Stats. Implemented: ORS 496.171, .172, .176, .182, 430, .435, .445, .450 & .455