SALEM, Ore. – The Oregon Department of Fish and Wildlife is seeking public comment on a request to exempt from fish passage requirements an existing culvert near the intersection of Park Avenue and Highway 99E located in the city of Milwaukie. Public comments are due by March 15, 2011.

TriMet has proposed building a new parking structure at this location for the Portland-to-Milwaukie light rail line which will be completed in 2015.  The potential site contains a culverted section of Courtney Springs Creek, a tributary of Kellogg Lake in the Willamette River basin. Due to the weight of the parking structure, a 280-foot section of damaged culvert will be replaced with new reinforced concrete pipe. This action has triggered Oregon’s fish passage laws.

According to Ken Loffink, ODFW assistant Fish Passage Program coordinator, ODFW may grant an exemption if there is no appreciable benefit to fish from providing passage. At the Courtney Springs Creek site, fish passage barriers above and below the section of culvert being replaced block fish from accessing the project area, as well as the roughly 0.4 miles of habitat located upstream.

Because of these site conditions, ODFW has made an initial determination that even if TriMet provided fish passage, the action would still result in no appreciable benefit to native migratory fish.

Therefore, unless public comment is provided that would affect the Department's determination, the exemption request will be approved. 

In the meantime, members of the public will have until March 15, 2011 to submit written comments on the proposed plan. TriMet’s fish passage exemption application and the Department’s benefit analysis are available at https://www.dfw.state.or.us/fish/passage/ .

Members of the public can send written comments to or request additional information from Ken Loffink, ODFW Assistant Fish Passage Program Coordinator, 3406 NE Cherry Ave. NE, Salem, OR 97303, e-mail, Ken.J.Loffink@state.or.us, or by calling (503) 947-6256.

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