Or. Admin. R. 635-412-0015 - Prioritization

(1) The Department shall establish for enforcement purposes a list of priority artificial obstructions at which fish passage would provide the greatest benefit to native migratory fish.
(2) The priority list shall be based on the needs of native migratory fish.
(a) The prioritization shall consider the following factors relative to each artificial obstruction for all native migratory fish currently or historically present at the artificial obstruction:
(A) The quantity of native migratory fish habitat which is inaccessible;
(B) The quality of native migratory fish habitat which is inaccessible;
(C) Unique or limited native migratory fish habitat which is inaccessible, or should remain inaccessible for fish management purposes;
(D) The biological status of the native migratory fish;
(E) The level of fish passage currently provided at the artificial obstruction;
(F) The presence of other artificial obstructions upstream and downstream and the timeframe native migratory fish will be able to utilize restored passage; and
(G) Existing agreements with the Department regarding fish passage.
(b) The prioritization may utilize existing Department information or professional judgment in the absence of information specific to a given site.
(c) The priority list shall contain one artificial obstruction per Oregon sub-basin, which shall be ranked across the state.
(d) The Department shall field verify the information used for prioritization prior to enforcement actions.
(e) The Department shall re-evaluate the priority list with the most recent information after enforcement occurs at five priority artificial obstructions or as directed by the Commission.
(3) The Commission shall review, approve, or amend the priority list after the initial priority list is developed, when the Department re-prioritizes, and no less frequently than once every five years.
(4) Once the Commission has approved the priority list, the Department may order a person owning or operating an artificial obstruction on the priority list who has been issued a water right, owns a lawfully installed culvert or owns another lawfully installed obstruction to install fish passage or to provide mitigation if:
(a) The Department can arrange for non-owner or non-operator funding of at least 60 percent of the cost for fish passage design, construction, and installation; and
(b) The artificial obstruction is ranked in the top ten for the state or highest within a Department Region on the priority list.
(5) Once the Department has arranged for non-owner or non-operator funding of at least 60 percent of the cost for fish passage design, construction, and installation at an artificial obstruction the owner or operator has two years to:
(a) Install a fish passage structure according to a fish passage plan approved by the Department; or
(b) Provide mitigation that the Commission determines is a net benefit to native migratory fish.

Notes

Or. Admin. R. 635-412-0015
DFW 2-2006, f. & cert. ef. 1-9-06

Stat. Auth.: ORS 496.138

Stats. Implemented: ORS 509.585 & 509.625

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