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COMMISSION AGENDA: December 3, 2010
Oregon Fish and Wildlife Commission

Dog Lake

Meeting

Friday, December 3, 2010 - 8:00 am
Ramada Inn & Suites - Cascade Ballroom
6221 NE 82nd Avenue
Portland, Oregon

Printable Agenda (pdf)

Fish Lake

Friday, December 3, 2010 - 8:00 am

DIRECTOR’S REPORT

Field Reports
Craig Ely, Chip Dale, Larry Cooper, Chris Wheaton, Roger Fuhrman, Art Martin, Gway Kirchner, Captain Jeff Samuels

Mallards on a snowy pond.

Marine Reserves Program Update
Ed Bowles, Fish Division Administrator

Cougar Management Plan Update
Eric Rickerson, Wildlife Division Deputy Administrator

Greater Sage-Grouse Conservation Plan Process Update
Eric Rickerson, Wildlife Division Deputy Administrator

Oregon Goose Control Task Force Update
Eric Rickerson, Wildlife Division Deputy Administrator

Expenditure Report
Debbie Colbert, Deputy Director for Administration

Adopt Temporary Rules
Curt Melcher, Deputy Director for Fish and Wildlife

635-054-0005
Oregon Game Bird Regulations

Adopted: September 13, 2010; effective September 13, 2010 through March 2, 2011
This rule will change the open season for goose hunting dates for the Kirk Park and Fern Ridge Dam Unit. Not implementing this temporary rule would reduce hunting opportunities for goose hunters. Failure to amend the rule before the hunt ends would result in serious prejudice to the hunters participating in this opportunity to hunt geese, because without an expansion the hunt area would be closed.

635-045-0000 and 635-060-0000
Oregon Game Bird and Big Game Regulations

Adopted: October 4, 2010; effective October 4, 2010 through December 31, 2010
Due to an error in filing, an unintended date change has occurred. The timeframe does not allow us to follow the regular permanent rule making process because the 2010 hunt seasons have already begun. Not adopting this temporary rule and going through the regular rule making process would result in serious prejudice to the hunters by referencing the need to abide by regulations of a publication that does not yet exist. This amendment would avoid the prejudice by correcting the date referenced.

635-004-0019
Inseason Actions for Commercial Groundfish Fisheries Implemented by the Federal Government on October 4, 2010
Adopted October 4, 2010; effective October 4, 2010 through December 31, 2010.
Amended rule adopts in-season actions implemented by the federal government for Pacific ocean commercial groundfish fisheries, including changes to cumulative trip limits for the limited entry non-whiting trawl fishery.

635-042-0060
Fall Commercial Drift Gill Net Seasons Set for October In the Columbia River Mainstem
Adopted October 4, 2010; effective October 5, 2010 through November 30, 2010.
Amended rule implements three fall non-Indian commercial salmon drift gill net fishing periods in Columbia River zones 1 through 5 using 8 inch minimum and 9.75 inch maximum mesh sizes. The fishing periods adopted are: 7:00 p.m. Tuesday, October 5 to 7:00 a.m. Wednesday, October 6, 2010 (12 hours); 7:00 p.m. Thursday, October 7 to 7:00 a.m. Friday, October 8, 2010 (12 hours); and 7:00 p.m. Sunday, October 10 to 7:00 a.m. Monday, October 11, 2010 (12 hours). Amendments also implement a 12-hour non-Indian commercial drift gill net fishing period in zones 1 through 3 from 6:00 a.m. through 6:00 p.m. on Tuesday, October 12, 2010.

635-005-0020
Tillamook Bay Commercial Cockle Clam Dive Fishery Closure

Adopted October 6, 2010; effective October 7, 2010 through December 31, 2010.
Amended rule closes the commercial Tillamook Bay clam dive fishery for cockle clams at 12:01 a.m. Thursday October 7, 2010 due to attainment of the 90,000 pound annual harvest quota, under bay clam dive permits. Modifications are consistent with requirements of OAR 635-005-0032 sections (2) and (3).

635-041-0075
Treaty Indian Fall Commercial Gill Net Fishery Authorized In Columbia River Above Bonneville Dam

Adopted October 8, 2010; effective October 9, 2010 through October 31, 2010.
Amended rule allows the commercial sales of fish caught during the Treaty Indian fall commercial gill net fishery in the Columbia River above Bonneville Dam (Zone 6). Rule modifications authorize a new 2.5 day fishery which begins at 6:00 a.m. Monday, October 11 and runs through 6:00 p.m. Wednesday, October 13, 2010. Amendments also restrict sales of platform and hook-and-line caught fish to those harvested prior to 6:00 p.m. Sunday, October 17, 2010. Modifications are consistent with action taken October 8, 2010 by the Columbia River Compact agencies of Oregon and Washington in concert with the Columbia River Treaty Tribes.

635-016-0090
Closure of the Non fin-clipped Coho Fishery In the Coquille River and Bay
Adopted October 7, 2010; effective October 10, 2010 through December 31, 2010.
Amended rule closes the Coquille River and Bay non fin-clipped coho fishery which opened on September 1 due to the expected attainment of the 1,200 non fin-clipped adult coho allocation.

635-042-0060
Additional Fall Commercial Drift Gill Net Fishing Periods Set for the Columbia River
Adopted October 13, 2010; effective October 14, 2010 through November 30, 2010.
Amended rule implements one fall non-Indian commercial salmon drift gill net fishing period in Columbia River zones 1 through 3 using 6 inch maximum mesh size. Amendments adopted also implement two fall non-Indian commercial salmon drift gill net fishing periods in Columbia River zones 4 through 5 using an 8 inch minimum mesh size.

635-023-0130
Columbia River Recreational Chinook Fishery Opens From Buoy 10 Upstream to Bonneville Dam

Adopted October 13, 2010; effective October 15, 2010 through December 31, 2010.
Amended rule allows the retention of adult Chinook salmon in the Columbia River mainstem recreational fishery in the area from Buoy 10 upstream to Bonneville Dam until further notice. Modifications make the combined bag limit for adult Chinook salmon, adipose fin-clipped steelhead, and adipose fin-clipped coho two fish per day.

635-003-0085
Commercial Chetco River Terminal Area Chinook Salmon Fishery Closes

Adopted October 14, 2010; effective October 15, 2010 through October 31, 2010.
Amended rule closes the commercial Chetco River terminal area Chinook salmon fishery effective 11:59 p.m. October 15, 2010 due to the anticipated attainment of the allocation for this valuable resource.

635-004-0033
Changes to Cumulative Trip Limits for Black and Blue Rockfish, Cabezon and Greenling Species
Adopted October 15, 2010; effective October 15, 2010 through December 31, 2010. Amended rule increases the cumulative trip limits for black rockfish and blue rockfish combined by 200 pounds in period 4 and 400 pounds in periods 5 and 6; for cabezon by 100 pounds in periods 5 and 6; and for greenling species by 50 pounds in period 4 and by 100 pounds in periods 5 and 6.

635-041-0075
Treaty Indian Fall Commercial Gill Net and Hook-and-line Fisheries Authorized In Columbia River
Adopted October 18, 2010; effective October 19, 2010 through October 31, 2010.
Amended rule allows the commercial sales of fish caught during the Treaty Indian fall commercial gill net fishery in the Columbia River above Bonneville Dam (Zone 6). Rule modifications authorize a new 3.5 day fishery which begins at 6:00 a.m. Tuesday, October 19 and runs through 6:00 p.m. Friday, October 22, 2010. Amendments also restrict sales of platform and hook-and-line caught fish to those harvested prior to 6:00 p.m. Friday, October 22, 2010. Modifications are consistent with action taken October 18, 2010 by the Columbia River Compact agencies of Oregon and Washington in concert with the Columbia River Treaty Tribes.

635-042-0060
Additional Fall Commercial Drift Gill Net Fishing Periods Authorized for the Columbia River
Adopted October 18, 2010; effective October 19, 2010 through November 30, 2010.
Amended rule implements one fall non-Indian commercial salmon drift gill net fishing period in Columbia River zones 1 through 3 using nets with no minimum mesh size restriction. Amendments adopted also implement two fall non-Indian commercial salmon drift gill net fishing periods in Columbia River zones 4 through 5 using an 8 inch minimum mesh size.

635-003-0085
Commercial Chetco River Terminal Area Chinook Salmon Fishery Reopens
Adopted October 18, 2010; effective October 20, 2010 through October 31, 2010.
Amended rule to reopen the commercial Chetco River terminal area Chinook salmon fishery effective 12:01 a.m. October 20, 2010 with a landing and possession limit of 10 Chinook per vessel due to remaining quota from the preseason allocation for this valuable resource.

635-016-0090
Modifications to Southwest Zone Sport Chinook Salmon Regulations for the Chetco River
Adopted October 26, 2010; effective October 30, 2010 through December 31, 2010.
Amended rule opens a sport Chinook salmon season in the Chetco River that had been temporarily closed to protect Chinook stacked up at the head-of-tide due to early season low flows. These modifications allow opportunity for harvest of both naturally and hatchery produced fall Chinook in the Chetco River mainstem.

635-003-0085
Elk River Commercial Terminal Area Chinook Salmon Fishery Closes
Adopted October 28, 2010; effective October 29, 2010 through October 31, 2010.
Amended rule closes the commercial Elk River terminal area Chinook salmon fishery effective 11:59 p.m. October 29, 2010 due to the anticipated attainment of the allocation for this valuable resource.

635-017-0095
Recreational Sturgeon Fisheries in the Willamette River Below the Falls Close
Adopted November 8, 2010; effective November 8, 2010 through December 31, 2010.
Amended rule closes the recreational white sturgeon fishery in the Willamette River below the Falls, including Multnomah Channel and the Gilbert River. Due to increased angler effort, the pre-season allocation for this valuable resource is projected to have been met.

635-006-1075
Prior Year 5,000 Pound Landing Requirement Temporarily Removed from Brine Shrimp Permit Renewal Rule
Adopted November 22, 2010; effective November 23, 2010 through May 21, 2011.
Amended rule allows the renewal of Brine Shrimp permits without the previously required 5,000 pound landing from the previous year. Due to low water in Lake Abert, in 2010, harvesters were unable to use their boats and harvest enough Brine Shrimp to satisfy the 5,000 pounds in landings required for permit renewal.

635-042-0130
Commercial Smelt Seasons Are Rescinded for the Columbia River
Adopted November 23, 2010; effective December 1, 2010 through March 31, 2011.
Amended rule rescinds the commercial smelt fishing season in the Columbia River that was scheduled by permanent rule to start December 1, 2010 and continue until March 31, 2011. These modifications are consistent with the action taken November 23, 2010 by the Columbia River Compact agencies of Oregon and Washington.

PUBLIC FORUM

Note: This part of the agenda is for comments on topics not scheduled elsewhere on the agenda. Please contact the Oregon Department of Fish and Wildlife Office of the Director at least 24 hours prior to the meeting to be included in the public forum. If you bring written summaries or other materials to the meeting please provide the Commission Assistant with 20 copies prior to your testimony. The Commission is unable to take action on items brought to their attention in this forum.

Judge Steve Grasty
Harney County
Greater Sage-Grouse
Ms. Leslie Like
Hillsboro, Oregon
Dog Training Rules
David Illias
Portland, Oregon
Dog Training Rules
Phil Sperr
Sauvie Island
Dog Training Rules

 

Exhibit A: COMMISSION MINUTES

Approve September 2, 2010 Commission meeting minutes. The September 30 and October 1, 2010 Commission meeting minutes have been deferred to the January 7, 2011 meeting.

Approval

Attachments: (pdf's)

Exhibit B: 2011 GROUNDFISH AND SMELT FISHERIES REGULATIONS; 2009 NEARSHORE LOGBOOK REPORT

The Commission will be asked to approve the 2011 Regulations for groundfish and smelt fisheries and review the 2009 Annual Commercial Nearshore Logbook Report.

Gway Kirchner, Marine Fisheries Section Manager
Public Testimony
Rulemaking

Attachments: (pdf's)

Exhibit C: BYCATCH REDUCTION DEVICES FOR PINK SHRIMP FISHERY

The Commission will be asked to approve regulations that reduce minimum bar spacing requirements for rigid grate Bycatch Reduction Devices used in the commercial pink shrimp trawl fishery.

Troy Buell, State Fisheries Management Program Leader
Public Testimony
Rulemaking

Attachments: (pdf's)

Exhibit D: SURPLUS EGGS AND FISH IN ODFW HATCHERY PROGRAMS

The Commission will be asked to approve guidelines for fish hatchery management to minimize egg and fish surpluses within hatchery programs.

John Thorpe, Assistant Propagation Program Manager
Public Testimony
Rulemaking

Attachments: (pdf's)

Exhibit E: RESTORATION AND ENHANCEMENT PROGRAM PROJECT APPROVALS

The Commission will be asked to approve the Restoration and Enhancement (R&E) Board’s November 2010 recommendations for project funding.

Kevin Herkamp, Acting R&E Program Coordinator
Public Testimony
Approval

Attachments: (pdf's)

Exhibit F: RESTORATION AND ENHANCEMENT BOARD MEMBER APPROVALS

The Commission will be asked to appoint two members to the R&E Board.

Kevin Herkamp, Acting R&E Program Coordinator
Public Testimony
Approval

Attachments: (pdf's)

Exhibit G: UPPER WILLAMETTE RIVER CONSERVATION AND RECOVERY PLAN REVIEW

The Commission will be asked to review and provide direction on the content of the draft Upper Willamette River Conservation and Recovery Plan.

Dave Jepsen, Conservation Plan and Implementation Specialist
Public Testimony
Informational

Attachments: (pdf's)

Exhibit H: ACCESS AND HABITAT PROGRAM PROJECT APPROVALS

The Commission will be asked to approve the Access and Habitat (A&H) Board’s October 2010 recommendations for project funding.

Matt Keenan, A&H Program Coordinator
Public Testimony
Approval

Attachments: (pdf's)

Exhibit I: AMEND RULES RELATED TO WILDLIFE TAXONOMY AND WILDLIFE INTEGRITY RULES – Deferred to February 4, 2011 meeting.

Deferred to February 4, 2011 meeting.

Attachments: (pdf's)

Exhibit J: WILDLIFE AREA PARKING PERMIT

The Commission will be asked to approve rules regarding parking permits for some of the Department’s wildlife areas.

Nancy Breuner, Wildlife Area Operations Coordinator
Public Testimony
Rulemaking

Attachments: (pdf's)

EXECUTIVE SESSION


The Commission will hold an executive session to consult with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed (ORS 192.660(2)(h)) and to consider attorney-client privileged information (ORS 192.660(2)(f)).

ADJOURN
 
FUTURE PROPOSED COMMISSION MEETINGS & TOPICS

January 7, 2011 – ODFW Headquarters, Salem, (Congressional District 5)

  • Peregrine Falcon Take
  • Mule Deer Initiative Briefing

February 4, 2011 – ODFW Headquarters, Salem

  • Wildlife Taxonomy and Wildlife Integrity Rules
  • Dog Training Rules

March 11, 2011 – Florence (Congressional District 4)

  • Rehabilitation Rules
  • Access and Habitat Projects
  • Upland Art Selection

April 22, 2011 - ODFW Headquarters, Salem

May - No meeting scheduled

June 3, 2011 - ODFW Headquarters, Salem

  • 2011 Big Game Regulations
  • Raffle/Auction Tags – Access and Habitat/Big Game
  • Access and Habitat Projects

July – No meeting scheduled

August 5, 2011 – ODFW Headquarters, Salem

  • 2011-2012 Oregon Game Bird Regulations

September 1, 2011 (Thursday) – Seaside (Congressional District 1)

  • Access and Habitat Projects

October 7, 2011 – Pendleton (Congressional District 2)

  • 2012 Big Game Regulations

November – No meeting scheduled

December 2, 2011 – Portland Area (Congressional Dist. 3)

  • Access and Habitat Projects

 


AGENDA

The Commission meeting will begin at 8:00 AM, and proceed chronologically through the agenda.  If you wish to receive written materials prepared for any of the agenda items, please contact the Director’s Office in Salem at 503.947.6044 to request a packet for those items, which interest you or see the agency’s website at http://www.dfw.state.or.us/agency/commission/minutes/.

A recess will be taken at 12:00 Noon, when the Commission will have lunch and may discuss matters of general interest.  The public is welcome to attend, and an announcement will be made of the location of the lunch. 

PUBLIC TESTIMONY

If you wish to give testimony on any item scheduled on this agenda, please sign up on the sheets provided the day of the meeting. You will be called to testify by the Commission Chair. The Commission places great value on information receive from the public, and wants to avoid arbitrary limits on the time or attention allocated to each witness. Therefore, persons desiring to testify or otherwise present information to the Commission are encouraged to:

  1. Provide written summaries of information to the Commission twenty (20 sets);
  2. Limit testimony to five (5) minutes, recognizing that substance, not length, determines the value of testimony or written information;
  3. Endorse rather than repeat testimony of other witnesses; and
  4. Groups or organizations wishing to testify should designate one spokesperson whenever possible.

PUBLIC FORUM

If you wish to give testimony on any item not scheduled elsewhere on the agenda, please contact the Director's Office, Oregon Department of Fish and Wildlife, 503-947-6044, at least 24 hours prior to the meeting. You will be called to testify by the Commission Chair immediately following the Commissioner Items portion of the agenda. Please provide 20 sets of written summaries or other materials to the Commission Assistant prior to your testimony. The Commission is unable to take action on items brought to thier attention in this forum.

Thank you for taking the time to present your views.

Materials delivered to the Director’s Office sufficiently in advance of the meeting can be copied and distributed to the Commission. If you bring written materials to the hearing, please provide twenty (20) copies. If you have questions regarding this Agenda, please contact the Director’s Office, Oregon Department of Fish and Wildlife, 3406 Cherry Avenue, NE, Salem, OR 97303, 503.947.6044.

PARKING

Parking is available to anyone who attends the Commission meeting.


REASONABLE ACCOMMODATION OF DISABILITIES

Reasonable accommodation, such as assistive hearing devices, sign language interpreters, and materials in large print or audiotape, will be provided as needed. In order to ensure availability, please contact the Director’s Office at 503.947.6044 at least 72 hours prior to the meeting to make your request. TTY users can reach ODFW by using the Oregon Telecommunications Relay Service.  Please dial 711 and ask to be connected to 503-947-6044.

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