Or. Admin. R. 635-412-0035 - Fish Passage Criteria

(1) General requirements for fish passage are:
(a) Unless the owner or operator of an artificial obstruction chooses to provide year-round fish passage for all native migratory fish and life history stages, the Department shall determine:
(A) Native migratory fish currently or historically present at the site which require fish passage;
(B) Life history stages which require fish passage; and
(C) Dates of the year and/or conditions when passage shall be provided for the life history stages and native migratory fish.
(b) The person submitting the fish passage plan to the Department for approval shall submit all information necessary to efficiently evaluate whether the design will meet fish passage criteria;
(c) If site-specific circumstances indicate that the fish passage criteria are not adequate to provide fish passage, the Department may require in writing that additional fish passage criteria be met;
(d) If native migratory fish- or site-specific circumstances warrant it, the Department may provide an exception to any specific fish passage criterion if the Department determines in writing that fish passage shall still be provided;
(e) All fish passage structures shall be designed to take into consideration their upstream and downstream connection and prevent undesirable impacts to fish passage, including but not limited to scour and headcuts;
(f) If joint state and federal approval is required, the Department shall take into account federal requirements during approval;
(g) Primarily at sites with little existing site information or questionable design solutions, the Department may require monitoring and reporting to determine if a fish passage structure meets applicable criteria and/or is providing fish passage; and
(h) The person owning or operating an artificial obstruction shall maintain the fish passage structure in such repair and operation as to provide fish passage of native migratory fish at all times required by the Department.
(2) Requirements for fish passage at dams and other artificial obstructions which create a discontinuity between upstream and downstream water surface or streambed elevations are:
(a) Fishways shall provide fish passage at all flows within the design streamflow range;
(b) The fishway entrance shall be located and adequate attraction flow shall be provided at one or more points where fish can easily locate and enter the fishway;
(c) Fishway water velocities shall:
(A) Range between 1 and 2 feet per second in transport channels;
(B) Average no greater than 5 feet per second in baffled-chute fishways, including but not limited to Alaska steeppasses and denils; and
(C) Not exceed 8 feet per second in discrete fishway transitions between the fishway entrance, pools, and exit through which fish must swim to move upstream, including but not limited to slots, orifices, or weir crests.
(d) At any point entering, within, or exiting the fishway where fish are required to jump to move upstream, the maximum difference between the upstream and downstream water surface elevations shall be 6 inches, except it shall be 12 inches if only salmon or steelhead adults require fish passage;
(e) In fishway locations through which fish must swim, water depths shall be a minimum of 6 inches where only juveniles require passage and 12 inches where adults require passage, except:
(A) Baffled-chute fishways, including but not limited to Alaska steeppasses and denils, shall have a minimum flow depth of 2 feet throughout the length of the fishway; and
(B) Water depths shall be a minimum of 2 feet within jump pools which shall be located downstream of any point entering, within, or exiting the fishway where fish are required to jump to move upstream.
(f) All fishway locations through which fish must swim shall be at least 12 inches wide;
(g) Fishway pools shall:
(A) Be sized according to the native migratory fish and life history stages requiring passage and to avoid over-crowding;
(B) Have V = wQH/4 at all flows within the design streamflow range, where:
(i) "V" is the water volume in cubic feet;
(ii) "w" is 62.4, the unit weight of water, in pounds per cubic foot;
(iii) "Q" is the fish ladder flow in cubic feet per second;
(iv) "H" is the energy head of pool-to-pool flow in feet; and
(v) 4 has a unit of foot-pounds per second per cubic foot.
(C) Where the fishway bends 90 degrees or more, have turning pools with a flowpath centerline double the length of non-turning pools; and
(D) Be placed at least every 25 feet of horizontal distance in baffled-chute fishways, including but not limited to Alaska steeppasses and denils;
(h) The fishway exit should be located to minimize the risk of fish unintentionally falling downstream of the artificial obstruction;
(i) Fishway trash racks shall:
(A) Allow for easy maintenance and debris removal;
(B) Have a minimum clear space between vertical members of 9 inches, except:
(i) 10 inches shall be provided if adult chinook are present; and
(ii) At least 4 inches shall be provided if only juveniles are present; and
(ii) Water depth is greater than 4 inches during all flows;
(iii) Water velocity is greater than 2 feet per second during all flows;
(iv) Water is not pumped;
(v) Conduits have smooth surfaces and avoid rapid changes in direction to preclude fish impact and injury; and
(vi) Conduits are at least 10 inches wide.
(B) Plunging flow moving past an artificial obstruction via spillways, outlet pipes, or some other means which may contain fish shall:
(i) At all flows, fall into a receiving pool of sufficient depth, depending on impact velocity and quantity of flow, to ensure that fish and flow shall not impact the stream bottom or other solid features; and
(ii) Have a maximum impact velocity into a receiving pool, including vertical and horizontal velocity components, less than 25 feet per second; and
(C) Water depth over spillways shall be greater than 4 inches during all flows.
(3) Requirements for fish passage at road-stream crossing structures such as bridges and culverts are:
(a) Stream Simulation Option:
(A) Open-bottomed and closed-bottom road-stream crossing structures shall have beds under or within the structure that:
(i) Are equal to or greater than the active channel width, as measured at sufficient locations outside the influence of any artificial or unique channel constrictions or tributaries both upstream and downstream of the site;
(ii) Are equal to the slope of, and at elevations continuous with, the surrounding long-channel streambed profile, unless the Department approves maintaining a pre-existing road-impounded wetland;
(iii) Have, for open-bottomed road-stream crossing structures, a minimum of 3 feet vertical clearance from the active channel width elevation to the inside top of the structure;
(iv) Maintain average water depth and velocities that simulate those in the surrounding stream channel; and
(v) Are composed of material that:
(I) Assures the bed under or within the road-stream crossing structure is maintained through time;
(II) Is either natural (similar size and composition as the surrounding stream) or supplemented to address site-specific needs including, but not limited to, bed retention and hydraulic shadow;
(III) Contains partially-buried, over-sized rock if the road-stream crossing structure is greater than 40 feet in length;
(IV) Is mechanically placed during structure installation rather than allowed to naturally accumulate, unless the surrounding streambed is primarily bedrock; and
(V) Excluding partially-buried over-sized rock, is, for closed-bottom road-stream crossing structures, at a minimum depth of 20 percent of the structure height and a maximum depth of 50 percent of the structure height; and
(B) Trash racks shall not extend below the active channel width elevation and shall have a minimum of 9 inches clear spacing between vertical members; or
(b) Alternative Option: the Department may approve road-stream crossing structures for which clear justification is provided, based on fish performance and/or fish behavior data and hydraulic conditions, that the alternative design shall provide fish passage.
(4) Requirements for fish passage at artificial obstructions in estuaries, and above which a stream is present, are:
(a) Fish passage shall be provided at all current and historic channels;
(b) Fish passage structures shall meet the criteria of OAR 635-412-0035(2) or (3), except fish passage structures shall be sized according to the cumulative flows or active channel widths, respectively, of all streams entering the estuary above the artificial obstruction; and
(c) Tide gates and associated fish passage structures shall be a minimum of 4 feet wide and shall meet the requirements of OAR 635-412-0035(2) within the design streamflow range and for an average of at least 51% of tidal cycles, excluding periods when the channel is not passable under natural conditions.
(5) Requirements for fish passage at artificial obstructions in estuaries, floodplains, and wetlands, and above which no stream is present, are:
(a) Downstream Fish Passage:
(A) Downstream fish passage shall be provided after inflow which may contain native migratory fish;
(B) Downstream fish passage shall be provided until water has drained from the estuary, floodplain, or wetland, or through the period determined by the Department which shall be based on one, or a combination of, the following:
(i) A specific date;
(ii) Water temperature, as measured at a location or locations determined by the Department;
(iii) Ground surface elevation;
(iv) Water surface elevation; and/or
(v) Some other reasonable measure.
(C) Egress delays may be approved by the Department based on expected inflow frequency if there is suitable habitat and as long as passage is provided by the time the conditions in OAR 635-412-0035(5)(a)(B) occur;
(D) A minimum egress flow of 0.25 cubic feet per second (cfs) at one point of egress shall be provided;
(E) Egress flow of 0.5 cfs per 10 surface acres, for at least the first 100 surface acres of impounded water, shall be provided;
(F) All plunging egress flows shall meet the requirements of OAR 635-412-0035(2)(l)(B);
(G) If egress flow is provided by a pump, it shall be appropriately screened;
(H) The minimum water depth and width through or across the point of egress shall be 4 inches;
(I) The ground surface above the artificial obstruction shall be sloped toward the point(s) of egress to eliminate isolated pools; and
(J) An uninterrupted, open connection with a minimum water depth of 4 inches shall be present from the point of egress to the downstream waters of this state, unless another connection is provided as per OAR 635-412-0035(2)(l)(A).
(b) Upstream Fish Passage: a fishway or road-stream crossing structure with or without a tide gate shall be provided during the period determined by the Department if there is current or historic native migratory fish spawning or rearing habitat within the estuary, floodplain, or wetland area impounded by the artificial obstruction.
(6) Requirements for fish passage at traps are:
(a) A collection permit issued by the Department is required to operate all traps;
(b) Traps shall be constructed to prevent physical or physiological injury to native migratory fish;
(c) Traps shall meet all requirements of OAR 635-412-0035(2)(g);
(d) Traps located within a fishway (i.e., "in-ladder" traps) shall not inhibit native migratory fish from entering the fishway or trap and shall be removed if the Department determines that fish are not entering the trap;
(e) Native migratory fish shall be processed through traps with minimal possible delay and as frequently as necessary to avoid over-crowding;
(f) All native migratory fish, excluding those which have approved take authorization from the Department and which do not require fish passage as per OAR 635-412-0035(1)(a), shall be returned to the stream by one of the following methods:
(A) Movement from the trap to immediately-adjacent water which has fish passage; or
(B) Transport within a watered container, including but not limited to lifts, hoppers, locks, and trucks, from the trap to a location approved by the Commission.
(7) Additional requirements for specific native migratory fish are:
(a) Acipenser species (sturgeon):
(A) The fish passage structure shall not require fish to jump when entering, within, or exiting the structure;
(B) The fish passage structure, including trash racks, shall be sized to accommodate the largest individual expected to require fish passage; and
(C) Non-volitional transport within a watered container shall be allowed with Department approval.
(b) Catostomus and Chasmistes species (suckers):
(A) The fish passage structure shall not require fish to jump when entering, within, or exiting the structure;
(B) Fishways shall have a maximum water velocity of 4 feet per second;
(C) Fishways shall have a minimum water depth of 12 inches;
(D) Fishways shall maximize downstream flow between pools to avoid back eddies;
(E) Fishways shall have curved walls within turning pools; and
(F) Fishways shall have a slope less than 4 percent.
(c) Lampetra species (lamprey):
(A) Fishways shall not have overhanging surfaces;
(B) Fishways shall have rounded or chamfered edge surfaces over which Lampetra species may pass;
(C) Fishways shall, in locations with water velocities greater than 2 feet per second, have a passage route that:
(i) Has a smooth, impermeable, uninterrupted surface or a simulated streambed;
(ii) Has water velocities over the structure's surface less than 8 feet per second; and
(iii) Is wetted.
(d) Oncorhynchus species (trout and salmon): fish passage structures for Oncorhynchus keta (chum) shall not require fish to jump when entering, within, or exiting the structure.
(e) Ptychocheilus species (pikeminnow): fish passage structures shall meet the requirements of OAR 635-412-0035(7)(a).
(f) If more than one native migratory fish species requires passage at a site and the requirements for the different species are mutually exclusive, the Department shall determine passage criteria.
(8) Requirements for artificial obstruction removal are:
(a) Artificial obstruction removals shall follow the requirements of OAR 635-412-0035(10);
(b) If not completely removed, no parts of the remaining artificial obstruction shall:
(A) Constrict the stream channel; or
(B) Cause low flow depths less than the surrounding stream channel.
(c) After an artificial obstruction is removed the stream channel shall be restored; and
(d) The stream channel restoration shall address impacts to stream habitat caused by the artificial obstruction while in place and by its removal, including but not limited to upstream and downstream channel degradation, and provisions shall be made to address unexpected fish passage issues resulting from removal.
(9) Requirements for exclusion barriers are:
(a) Exclusion barriers shall only be placed in the following situations, when fish passage is not required or is provided by other means:
(A) To guide fish to an approved fish passage structure or trap;
(B) To prevent fish from leaving waters of this state and entering human-made water supply conduits;
(C) To prevent fish from entering waters of this state associated with operations of another artificial obstruction that could lead to fish injury; or
(D) To achieve other fish management objectives approved in writing by the Department; and
(b) Exclusion barriers shall comply with National Marine Fisheries Service or U.S. Fish and Wildlife Service criteria.
(10) Requirements for fish passage during construction of fish passage structures and periods when temporary artificial obstructions are in place are:
(a) All fish passage structures shall be constructed and temporary artificial obstructions shall be in place only during the site-specific in-water work period defined or approved by the Department;
(b) At times indicated by the Department as per OAR 635-412-0035(1)(a), downstream fish passage shall be provided and:
(A) The outfall of a stream flow bypass system shall be placed to provide safe reentry of fish into the stream channel; and
(B) If downstream fish passage during construction is not required and stream flow is pumped around the site, the site shall meet Department screening and/or bypass requirements.
(c) At times indicated by the Department as per OAR 635-412-0035(1)(a), upstream fish passage shall be provided and shall be based on the wetted-width or flows of the stream during the period of construction or temporary obstruction;
(d) In-stream construction sites shall be isolated from stream flow and fish;
(e) Prior to in-stream construction activities, all fish shall be safely collected, removed from the construction site or de-watered reach, and placed in the flowing stream by an authorized person with a collection permit issued by the Department; and
(f) After construction, the construction site shall be re-watered in a manner to prevent loss of downstream surface water as the construction site's streambed absorbs water.
(11) Requirements for experimental fish passage structures are:
(a) Experimental fish passage structures shall only be allowed in waters of the state after:
(A) Laboratory testing with native migratory fish or similar species indicates that the structure is feasible to provide fish passage;
(B) Field testing with a prototype structure, at a location where existing fish passage will not be compromised and where fish passage does not need to be addressed under OAR 635-412-0020(2) and (3), indicates that the structure is likely to provide fish passage; and
(C) In addition to information needed to evaluate the structure's design for the specific location, the following are submitted to the Department and approved:
(i) A written summary of the laboratory and field testing and how the results indicate that fish passage shall be provided;
(ii) A monitoring and reporting plan to determine if the installed experimental fish passage structure meets applicable design objectives and is providing fish passage; and
(iii) A modification plan for the experimental fish passage structure if monitoring indicates that fish passage is not being provided, including standard thresholds that will initiate these modifications.
(b) If at any time an experimental fish passage structure is deemed by the Department in writing to not provide fish passage, the owner or operator, in consultation with the Department, shall make such modifications to the structure or operation as are necessary to provide fish passage, and, after a reasonable period, if modifications are deemed by the Department in writing to not provide fish passage, a fish passage structure that meets the standard criteria of OAR 635-412-0035 shall be installed as soon as practicable but no later than the end of the next complete in-water work period after notification by the Department;
(c) The owner or operator of an experimental fish passage structure shall allow the Department to inspect experimental fish passage structures at reasonable times;
(d) Five years after the experimental fish passage structure is installed and fish are present to attempt passage a final monitoring report shall be submitted to the Department and the Department shall determine if the experimental fish passage structure provides fish passage;
(e) If the Department determines that the experimental fish passage structure does not provide fish passage, a fish passage structure that meets the standard criteria of OAR 635-412-0035 shall be installed as soon as practicable but no later than the end of the next complete in-water work period after notification by the Department; and
(f) After three experimental fish passage structures of the same design concept are placed in waters of the state and deemed to provide fish passage by the Department, the experimental fish passage structure shall no longer be considered experimental.

Notes

Or. Admin. R. 635-412-0035
DFW 2-2006, f. & cert. ef. 1-9-06

Stat. Auth.: ORS 496.138

Stats. Implemented: ORS 509.585 & 509.610

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