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COMMISSION: January 7, 2011

Friday, January 7, 2011

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

1.   635-004-0019
Inseason Actions Implemented by the Federal Government for Commercial Groundfish Fisheries

Adopted December 3, 2010; effective "Upon Filing" - December 7, 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 and RCA boundaries for limited entry non-whiting trawl fisheries and cumulative trip limits for commercial fixed gear fisheries.

2.   635-005-0045
Inseason Closure to Commercial Dungeness Crab Fishing from Cape Blanco South to the Rogue River

Adopted December 8, 2010; effective December 10, 2010 through February 16, 2011.
Amended rule implements an inseason closed area to commercial Dungeness crab from Cape Blanco to the mouth of the Rogue River from December 10, 2010 through January 15, 2011. The closed area was of known low quality commercial crab. This closure will protect the portion of the fishing fleet that chooses to wait to fish the closed area by implementing a 30- day fair start provision.

3.   635-006-1095
Medical Transfers of Bay Clam Dive Permits Allowed

Adopted December 14, 2010; effective December 15, 2010 through June 12, 2011.
Amended rule allows the transfer of all commercial Bay Clam Dive Permits, both individual and vessel, due to current medical conditions of the permit holder. Rules previously allowed transfers due to medical conditions for Individual Bay Clam Permits only. Transfers are allowed for up to 90 days upon petition by the permittee.

4.   635-017-0095
Recreational Sturgeon Fisheries In the Willamette River Downstream of Willamette Falls Close

Adopted December 17, 2010; effective January 1, 2011 through June 29, 2011.
Amended rule closes the recreational white sturgeon fishery in the Willamette River downstream of Willamette Falls, including Multnomah Channel and the Gilbert River. This action is needed to provide flexibility in season structure following Oregon Fish and Wildlife Commission white sturgeon policy guidance which should be available in February 2011.

5.   635-023-0095
Columbia River Mainstem Recreational Sturgeon Fisheries Modified

Adopted December 17, 2010; effective January 1, 2011 through June 29, 2011.
Amended rule modifies the recreational white sturgeon fishing season in the Columbia River downstream from Bonneville Dam; and from McNary Dam upstream to the Oregon/ Washington Border effective January 1, 2011. These modifications close a known sturgeon concentration area (below Bonneville Dam) to angling in order to protect the resource and to provide concurrent regulations with Washington (above McNary Dam).

6.   635-042-0135
Columbia River Commercial Sturgeon Seasons Set for January and February 2011 Below Bonneville Dam

Adopted December 17, 2010; effective January 15, 2011 through July 13, 2011.
Amended rule implements winter commercial white sturgeon seasons in the Columbia River below Bonneville Dam using gill nets. The fishing periods are: 6:00 p.m. Tuesday, January 18 to 6:00 p.m. Wednesday, January 19, 2011 (24 hours); 6:00 p.m. Tuesday, January 25 to 6:00 p.m. Wednesday, January 26, 2011 (24 hours); 6:00 p.m. Tuesday, February 1 to 6:00 p.m. Wednesday, February 2, 2011 (24 hours); and 6:00 p.m. Tuesday, February 8 to 6:00 p.m. Wednesday, February 9, 2011 (24 hours).

7.   635-049-0025
Import, Export, Transport other than to Licansed Facilities 635-049-0265 Transport of Cervids among Licensed Facilities

Adopted December 23, 2010; effective January 1, 2011 through June 27, 2011.
This rule amendment will allow fallow deer that leave Oregon temporarily for educational or display purpose to return to Oregon. Following the permanent rulemaking process, rather than taking this temporary rulemaking action, would result in serious prejudice to a small business owner in Oregon that has scheduled events outside of the state requiring the transport of fallow deer to these events. This temporary rulemaking action would avoid these consequences by allowing the transport of the deer when conditions specified by the department are met. The rule would also add a new requirement applicable to export/import of fallow deer and reindeer.

8.   635-004-0019
Inseason Actions and Management Measures Implemented by the Federal Government for Commercial Groundfish Fisheries

Adopted December 28, 2010; effective January 1, 2011 through January 31, 2011.
Amended rule adopts in-season actions and new management measures implemented by the federal government for Pacific ocean commercial groundfish fisheries, including but not limited to: (a) temporary closure of the limited entry trawl fishery; (b) replacement of previously used trip limit tables for limited entry trawl gear with incidental landing allowances for vessels registered to a Federal limited entry trawl permit and using groundfish trawl or groundfish nontrawl gears to harvest individual fishing quota (IFQ) species; (c) adjustment of the trawl RCA; and (d) adjustments to RCAs and cumulative trip limits for the limited entry and open access fixed-gear fisheries.

9.   635-018-0090
Hood River Sport Coho and Steelhead Fisheries

Adopted December 27, 2010; effective January 1, 2011 through June 29, 2011.
Amended rule allows the sport harvest of adipose fin-clipped Coho salmon and adipose finclipped steelhead in the Hood River beginning January 1, 2011. Further modifications adjust angling deadlines following the removal of Powerdale Dam last fall. Bag limits of 2 adult salmon or steelhead per day, 20 per year and 5 jack salmon per day, 2 daily limits in possession; with the exception that one additional adipose fin-clipped steelhead may be retained per day for a total aggregate of 3 adult fish harvested daily are already set by permanent rules for the Central Zone.

10.   635-170-0015
Five Year Review

Adopted December 29, 2010; effective December 29, 2010 through May 28, 2011.
The process of updating and review of the Bear Management Plan is currently underway. This extensive process, which will involve scientific and policy analysis, stakeholder involvement and public notice and comment, is expected to result in a final decision by the Commission in December 2011. From a policy perspective, the need to self impose a deadline to conduct this process is unnecessary. It is more prudent to review and update the plan when needed. By repealing the rule now via temporary rule (rather than waiting several months to repeal it through permanent rulemaking), the Department would avoid the lawsuit and make clear that it no longer favors arbitrary deadlines for update and review of bear plans. Meanwhile, the Department and Commission would move forward to update and review the current plan. This would devote scarce public resources to the plan update and review process, rather than to litigation.



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