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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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DEPARTMENT OF STATE LANDS

 

DIVISION 102

OREGON ESSENTIAL INDIGENOUS ANADROMOUS SALMONID HABITAT (ESH)

141-102-0000

Purpose

Pursuant to ORS 196.810(1)(b), these rules:

(1) Designate "essential indigenous anadromous salmonid habitat (ESH)" on maps that are made a part of this rule;

(2) Establish the process to amend the designation; and

(3) Require an authorization from the Department for activities involving the fill or removal of any amount of material in ESH unless the activity is exempt.

Stat. Auth.: ORS 196.810
Stats. Implemented: ORS 196.800 - 196.990 & 390.805 - 390.925
Hist: LB 4-1995, f. 12-13-95, cert. ef. 1-1-96; DSL 8-1999, f. 3-9-99, cert. ef. 5-1-99; DSL 4-2001, f. & cert. ef. 4-18-01; DSL 1-2004, f. & cert. ef. 5-21-04; DSL 6-2007, f. 12-13-07, cert. ef. 1-1-08; DSL 1-2010, f. 3-15-10, cert. ef. 4-1-10

141-102-0010

Policy

(1) It is the policy of the State of Oregon to protect ESH.

(2) To achieve this policy, the Department shall:

(a) Consult with the Department of Fish and Wildlife (ODFW) concerning the status of Oregon's indigenous anadromous salmonid species;

(b) Identify ESH in consultation with ODFW and the public through rulemaking; and

(c) Review all projects proposed in ESH pursuant to the standards set forth in the state's Removal-Fill Law (ORS 196.600 to 196.990) and rules (OAR 141-085)

Stat. Auth.: ORS 196.810
Stats. Implemented: ORS 196.800 - 196.990 & 390.805 - 390.925
Hist: LB 4-1995, f. 12-13-95, cert. ef. 1-1-96; DSL 8-1999, f. 3-9-99, cert. ef. 5-1-99; DSL 4-2001, f. & cert. ef. 4-18-01; DSL 1-2004, f. & cert. ef. 5-21-04; DSL 1-2010, f. 3-15-10, cert. ef. 4-1-10

141-102-0020

Definitions

(1) "Essential" means those portions of a stream reach that fill all or part of the basic or indispensable spawning or rearing needs of indigenous anadromous salmonids and are those areas necessary to prevent the depletion of indigenous anadromous salmonids. Such areas include "spawning habitat” and “rearing habitat" as defined below under sections (3) and (4) of this rule (Oregon Fish Habitat Distribution Data Standard, Version 1.0, March 2008: http://gis.oregon.gov/DAS/EISPD/GEO/docs/bioscience/OregonFishHabitatDistributionDataStandardv1.pdf).

(2) "Indigenous anadromous salmonid" means chum, sockeye, Chinook and Coho Salmon, and steelhead and cutthroat trout, that are members of the family of Salmonidae and are listed as sensitive, threatened or endangered by a state or federal authority.

(3) "Spawning Habitat” " includes areas where eggs are deposited and fertilized. For some species, including salmonids, this also includes areas where gravel emergence occurs and where at least some juvenile development occurs.

(4) "Rearing Habitat" includes areas outside primary spawning habitats where juvenile fish take up residence during some stage of juvenile development and use the area for feeding, shelter, and growth. Some migration also occurs as juvenile and adult fish move between the ocean and spawning grounds.

Stat. Auth.: ORS 196.810
Stats. Implemented: ORS 196.800 - 196.990 & 390.805 - 390.925
Hist: LB 4-1995, f. 12-13-95, cert. ef. 1-1-96; DSL 8-1999, f. 3-9-99, cert. ef. 5-1-99; DSL 4-2001, f. & cert. ef. 4-18-01; DSL 1-2004, f. & cert. ef. 5-21-04; DSL 6-2007, f. 12-13-07, cert. ef. 1-1-08; DSL 1-2010, f. 3-15-10, cert. ef. 4-1-10

141-102-0030

Designation of Essential Salmon Habitat (ESH)

(1) Areas designated as ESH shall include the waters of this state as described in OAR 141-085, including streams and any adjacent off-channel rearing or high-flow refugia habitat with a permanent or seasonal surface water connection to the stream.

(2) The streams and stream segments designated as ESH are shown on maps that are incorporated by reference in this rule.

(3) The Department will make available detailed maps of ESH at cost and the maps are also available for downloading and viewing on the Department’s website (http://oregonstatelands.us/).

Stat. Auth.: ORS 196.810
Stats. Implemented: ORS 196.800 - 196.990 & 390.805 - 390.925
Hist: LB 4-1995, f. 12-13-95, cert. ef. 1-1-96; DSL 8-1999, f. 3-9-99, cert. ef. 5-1-99; DSL 4-2001, f. & cert. ef. 4-18-01; DSL 1-2004, f. & cert. ef. 5-21-04; DSL 6-2007, f. 12-13-07, cert. ef. 1-1-08; DSL 1-2010, f. 3-15-10, cert. ef. 4-1-10

141-102-0040

Revisions to ESH

Revisions, additions to or deletions from the list and maps of ESH shall be made by amendment to these administrative rules according to the following procedure:

(1) The Department will consult annually with ODFW on the accuracy of the ESH designations.

(2) In consultation with ODFW and other affected parties, the Department may revise the maps when new or higher quality data become available and/or when new state or federal listings or delistings occur that would substantially change the extent of designated habitat.

Stat. Auth.: ORS 196.810
Stats. Implemented: ORS 196.800 - 196.990 & 390.805 - 390.925
Hist: LB 4-1995, f. 12-13-95, cert. ef. 1-1-96; DSL 8-1999, f. 3-9-99, cert. ef. 5-1-99; DSL 4-2001, f. & cert. ef. 4-18-01; DSL 1-2004, f. & cert. ef. 5-21-04; DSL 1-2010, f. 3-15-10, cert. ef. 4-1-10

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Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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