OAR 690-051-0200
Fish Resources


(1)

Per ORS 543.017 (Minimum standards for development of hydroelectric power), anadromous salmon and steelhead resources and habitats shall be preserved. It is the policy of the State to protect the natural resources of the state from possible adverse impacts of a project (ORS 543.015 (Policy)). In order to approve an application, the Director or Commission may require that applicants implement, operate and maintain measures to mitigate for possible adverse impacts specific to a Project. The Department shall consider the need for the following mitigation measures to protect fish habitats and/or fish resources including but not limited to:

(a)

Providing for fish passage around diversion structures, dams or reservoirs with appropriate bypass flows, ladders and/or other measures as may be required by ODFW under ORS 509.580 (Definitions for ORS 509.580 to 509.590, 509.600 to 509.645 and 509.910) to 509.585 (Fish passage required for artificial obstructions);

(b)

Screening of intakes to prevent juvenile entrainment through turbines as may be required by ODFW under ORS 498.301 (Policy) to 498.321 (Screening or by-pass standards);

(c)

Preventing false attraction water from guiding fish into turbines at the tailrace;

(d)

Controlling ramping rates to prevent stranding of fish;

(e)

Avoiding delay of upstream or downstream migration;

(f)

Managing wood and gravel through the project to maintain or enhance habitat conditions; and/or other impacts.

(2)

Evidence of a fish screening agreement or waiver with ODFW; a fish passage waiver, exemption or agreement with the ODFW or the Oregon Fish and Wildlife Commission; and/or an agreement to implement final terms and conditions recommended by ODFW to the FERC under Section 10(j) or 30(c) of the Federal Power Act shall satisfy these standards, as applicable.

(3)

All projects which divert water away from a portion of a stream, excepting those processed under ORS 543.765 (Certificate to use water for hydroelectric purposes within artificial delivery system), may be conditioned to provide bypass flows for aquatic habitat protection before water may be diverted for power production.

(4)

Unavoidable adverse impacts on fish or to fish management programs will be mitigated;

(a)

Project construction, timing and procedures are designed to minimize fishery impacts from instream construction work and premature or unnecessary land clearing and disturbances;

(b)

All fishery protective measures are scheduled to be fully functional when the project commences operations; and

(c)

The proposed project is consistent with ODFW management programs in force on the effective date of these rules.

(5)

No project shall be approved that would result in a net loss of wild game fish. In order to approve an application, the Director shall apply the following standards:

(a)

A project, any part of which is located on a river or stream reach used by wild game fish, or that would adversely affect wild game fish, shall include acceptable mitigation measures which:

(A)

Are located in the project vicinity;

(B)

Are in effect at the time of adverse impact or start of project operation, whichever comes first;

(C)

Will prevent a net loss to individual species of wild game fish;

(D)

Will prevent conversion of a wild game fish population and fishery to a hatchery dependent resource;

(E)

Are consistent with ODFW management plans and programs in force on the effective date of these rules; and

(F)

Employ workable and generally accepted methods and techniques of mitigation best suited to the affected fish resource(s).

(6)

No project shall be approved that may result in mortality or injury to an individual anadromous salmon or steelhead or loss of any salmon or steelhead habitat. In order to approve an application, the Director shall apply the following standards:

(a)

If proposed at an undeveloped site, it is not reasonably foreseeable that the location, design, construction or operation of the project may result in mortality or injury to an individual anadromous salmon or steelhead or loss of any salmon or steelhead habitat; and

(b)

Modification of an existing facility or project on a stream reach used by anadromous salmon or steelhead or providing anadromous salmon or steelhead habitat shall include acceptable measures that:

(A)

Are reasonably certain to restore, enhance or improve existing salmon and steelhead populations in the affected river;

(B)

Comply with wild game fish standards in paragraphs (5)(a)(C) and (D) of this rule if the affected salmon or steelhead populations contain wild fish;

(C)

Are consistent with ODFW Fishery management plans and programs in force on the effective date of these rules;

(D)

Employ workable and generally accepted methods and techniques best suited to the fish resources affected by the proposed project; and

(E)

Are in effect at the time of adverse impact or start of project operation, whichever comes first.

(7)

In order to approve an application for a project within the Columbia River Basin, the Director shall find that the proposed project complies with the fish protection, mitigation and enhancement requirements of the Northwest Power and Conservation Council (NPCC) Columbia River Basin Fish and Wildlife Program.
690‑051‑0000
Purpose
690‑051‑0010
Definitions
690‑051‑0020
Projects to be Considered by the Commission
690‑051‑0030
Restriction on Filing
690‑051‑0040
Preliminary Permit not Required
690‑051‑0050
Applications: Filing Procedure
690‑051‑0060
Consultation
690‑051‑0070
Applications for Preliminary Permits: Contents and Scope of Evaluation
690‑051‑0080
Application of Standards to Preliminary Permits
690‑051‑0090
Applications for Minor Projects: Contents, Scope of Evaluation and Application of Standards
690‑051‑0095
Applications for Major Projects: Scope of Evaluation and Application of Standards
690‑051‑0100
Application for Major License or Permit: Contents, Scope of Evaluation
690‑051‑0130
Hearings Requirements for Preliminary Permits, Licenses and Permits
690‑051‑0140
Time and Place of Hearings
690‑051‑0150
Filing of Protest and Remonstrances
690‑051‑0160
Standards for Evaluation
690‑051‑0170
Protection of Designated Resource Areas and Special Management Areas
690‑051‑0180
Mitigation, No Net Loss
690‑051‑0190
Water Resources
690‑051‑0200
Fish Resources
690‑051‑0210
Wildlife
690‑051‑0220
Plant Life
690‑051‑0230
Recreation
690‑051‑0240
Hist.: Cultural and Archaeological Resources
690‑051‑0250
Land Resources
690‑051‑0260
Land Use
690‑051‑0280
Need for Power
690‑051‑0290
Consolidated Review
690‑051‑0300
Interim Orders
690‑051‑0320
Competing Applications
690‑051‑0350
Minor Projects, Waiver of Provisions of Act Where the Licensee is Not a Public Utility
690‑051‑0380
Water Rights
690‑051‑0390
Failure to Construct Project or Utilize Water
690‑051‑0400
Fees: Filing and Annual
690‑051‑0410
Agreements Between Municipal and Private Applicants
Last Updated

Jun. 8, 2021

Rule 690-051-0200’s source at or​.us