Attending: The following attended all, or part of, the meeting: OREGON DEPARTMENT OF FISH AND WILDLIFE Fish Passage Task Force MEETING MINUTES February 4, 2009 Oregon Department of Fish and Wildlife, Commission Room Salem, Oregon FPTF Beal, Robert Borden, John Craven, Richard Lovelace, William Nilson, Dawn Schab, Rob ODFW Apke, Greg Hartlerode, Ray Kingsley, Lisa Melcher, Curt Not Attending Mason, Steve Mouser, Mark Trosi, Larry Representing Water Users Fishing and Conservation Public-at-Large Fishing and Conservation Public-at-Large Water Users Title State Passage Coordinator, Salem Fish Screening & Passage Program Manager, Salem Program Assistant, Salem Deputy Director for Fish and Wildlife, Salem Fishing and Conservation Public-at-Large Water Users 1. Call to Order and Introductions Schab The meeting was called to order at 10:06 a.m. 2. Agenda Approval Members The meeting agenda was approved as written without a vote. 3. Member Updates - Members Members presented reports of activities in their area, primarily providing updates for ongoing activities. 4. Review November 12, 2008 Meeting Minutes Schab FPTF Meeting Minutes, Salem, November 12, 2008 The Task Force reviewed the minutes of the November 12, 2008 meeting. FPTF Minutes 2-4-09 APPROVED2-4-09 page 1 of 6
A revision was made to Page 1; FPTF Members Attending; insert Nilson, Dawn representing Public-at-Large and William Lovelace representing Fishing and Conservation. A revision was made to page 8; Fish Passage & Roundtable Discussion; delete The Task Force focused discussed and replace with The Task Force focused discussion. MOTION: Dawn Nilson moved to approve the November 12, 2008 meeting minutes as revised. Bill Lovelace seconded. The motion was approved unanimously (6-0). 5. Review Action Items from November 12, 2008 Kingsley All action items from the November 12, 2008 meeting were completed. 6. Overview of Director s Meeting Dec 8, 2008 Schab, Nilson, and Mouser Fish Passage Surcharge Rob Schab, Dawn Nilson, and Mark Mouser met with Roy Elicker, ODFW Director and Greg Apke on December 8, 2008 to discuss a request for funding for the Fish Passage Program from license fees. A request will be submitted by ODFW for 25 cents from each fishing license sold to be dedicated to a fund for fish passage. The Oregon Legislature will review the request during their 2009 session. Members of the Task Force discussed the importance of the surcharge and the work that would be completed with the funds. The Task Force also discussed the potential for a fee for applications for waivers, exemptions, and fish passage plan approvals. The Task Force recommended staff review the potential to propose a fee based on the complexity of the review with projects requiring additional work having a higher application fee. 7. Fish Passage Banking Concept Nilson and Schab Dawn Nilson presented a potential concept for fish passage mitigation in Oregon. Under the current mitigation process, the applicant determines whether it is feasible to provide fish passage at their project site. If passage is not feasible or reasonable, they request a waiver. The waiver application includes a determination of the proposed projects potential benefits to providing fish passage and identification of alternative mitigation that would provide a net benefit to fish. The applicant pays for and implements the mitigation plan. With this process, there is considerable cost to ODFW and applicants as they identify alternative mitigation; visit potential sites; determine the net benefit of mitigation; and negotiate with stakeholders, landowners, and others. Nilson proposes a streamlined process. The applicant would determine whether it is feasible to provide fish passage at their project site. If it were not feasible or reasonable, they would review a catalog to select one or more projects that would provide a net benefit to fish. They would cover the cost of implementing the mitigation and the project would be implemented. The streamlined process would save ODFW and the applicant costs by reducing the amount of field exploration and negotiation necessary. It would provide an opportunity for ODFW to prioritize rankings in the mitigation catalog and provide a means to move priority projects forward. FPTF Minutes 2-4-09 APPROVED2-4-09 page 2 of 6
8. Legislative Funding Updates Melcher - How an Idea Becomes a Law - House Bill 2222 - House Bill 5049 - Policy Package 302 Additional Fish Screen Surcharge - Written testimony presented by ODFW to the House Agriculture, Natural Resources, and Rural Communities Committee on February 3, 2009 for House Bill 2218 Access and Habitat Reauthorization, House Bill 2281Extension of Landowner Preference Program, House Bill 2220 Stopping Authority to Identify Aquatic Invasive Species, House Bill 2221 Control of Feral Swine, House Bill 2222 Restoration and Enhancement Program Reauthorization (including fish screening surcharge increase and fish passage surcharge creation), House Bill 2223 Agency Fee Increase, and House Bill 2224 Background Checks - Oregon Department of Fish and Wildlife Prioritized List of Program Reductions by fund type Curt Melcher, ODFW Deputy Director for Fish and Wildlife, presented information regarding ODFW s budget request and the 2009 Oregon Legislative session. House Bill 2223 includes a fee increase for the department including recreational hunting and fishing and commercial fishing fees. Addition of a youth sports pack and inclusion of the shellfish license in the adult sports pack are also included in the bill. The bill does not include any increases in the cost for youth participation in hunting and fishing. House Bill 2222 includes the request for reauthorization of the Restoration and Enhancement and Access and Habitat programs. It also includes a new surcharge for passage and an increase of funding for the Restoration and Enhancement and Access and Habitat programs and the screening surcharge. If approved, the fee increases would go into effect in January 2010. Although it is not expected, there is some concern that the Oregon Legislature may vote against all fee increases due to the state of the economy. The Task Force discussed the need for stable funding for the department. They noted it would be beneficial for the department to investigate the potential of indexing that would allow for increases to fees based on inflation or a set percentage without the requirement to return every few years to the Legislature for fee increases. Melcher explained that historically the Legislature has not been supportive of indexing fees for agencies. 9. Public Comment Period There was no public comment. 10. Status of Fish Passage Task Force Vacancies Apke Fish Passage Task Force Member Contact List and Term Information FPTF Minutes 2-4-09 APPROVED2-4-09 page 3 of 6
The terms for Steve Mason, Fishing and Conservation; Larry Trosi, Water Users; and Richard Craven, Pubilc-at-Large expire in February 2009. All three members have completed two terms, and they are not eligible for reappointment. The positions have been advertised, and Roy Elicker, ODFW Director is expected to appoint new members in the next few weeks. 11. Fish Passage Program Goals for 2009 Apke Fish Passage Program Workplan for 2009 Apke presented information on the plan for 2009. Items to potentially be completed include the following: - fish passage barrier inventory and validation - refinement of existing statewide top priority list - streamlined approval processes for inter-agency fish passage barrier removal - completion and implementation of programmatic agreement for fish passage approvals - public relations and training - updated fish passage approval, waiver, and exemption forms - statewide fish passage banking program development - update and distribution of fish passage guidance at bridges - Oregon Administrative Rule revisions - Tide gate design guidance - Fish Passage Task Force Facilitation - Assistance with fish passage projects The Task Force recognized the large amount of work needed to be completed and is hopeful that the fee increase will be approved to allow additional staff to assist with some duties. 12. ODFW Fish Passage at Bridges Guidance Update Apke Memorandum Clarification of Fish Passage Triggers and Guidelines for Bridges On March 28, 2008, Tom Stahl, Fish Passage Coordinator, provided a memorandum regarding fish passage triggers and guidelines in relation to bridges. The document was intended to clarify when bridges trigger fish passage laws and provided guidelines for fish passage approval under Alternative Option for road-stream crossings in ODFW s fish passage criteria. The passage requirements included the following: - Fish Passage Requirements for bridges - Stream Simulation design - Larger-Scale Crossing Design - Hydraulic Design - Future Replacement or Removal The Task Force discussed the requirements and situations where fish passage laws would be triggered. FPTF Minutes 2-4-09 APPROVED2-4-09 page 4 of 6
13. Fish Passage Program Updates Apke Approved & Pending Waivers & Exemptions Fish Passage Approval, Waiver, & Exemption Updates (through 2-4-09) The following waiver is under review: Oregon Department of Transportation Tuttle Creek Waiver Programmatic Agreement Updates Work is continuing on developing a programmatic agreement with Washington County that would allow for work to be completed without site-specific approval by ODFW. Savage Rapids Dam Letter The Bureau of Reclamation (BOR) in cooperation with The Army Corps of Engineers (ACOE) is working to remove Savage Rapids Dam. ODFW provided a letter to BOR expressing concern that the deconstruction plan as submitted presents fish passage concerns. ODFW recommended against construction beginning in April 2009 unless BOR can assure fish passage can be maintained throughout the project. While ODFW strongly supports the removal of the dam in 2009, ODFW was unable to approve the current plan to begin in April 2009 and instead requested BOR work with staff to resolve fish passage issues prior to construction. 14. Fish Screening Oversight Committee (FSOC) Meeting Fall 09 Mid Coast Site Visit Opportunities - Apke The Fish Screening Oversight Committee will meet in Fall 2009 at the 2009 Pacific Northwest Fish Screening and Passage Workshop. The workshop is scheduled for the week of September 14, 2009 in Newport. Apke asked the Task Force to consider locations that may be of interest for a tour to highlight passage issues in Oregon. 15. Fish Passage Prioritization Updates & AFS Poster - Apke Statewide Fish Passage Priority List Greg Apke and Jon Bowers ODFW GIS Analyst, will present the ODFW Poster at the February American Fisheries Society (Oregon Chapter) annual conference. Fish Passage Priority List The list of the highest priority artificial fish passage obstructions was discussed. The Task Force asked for additional information regarding the current status of the sites listed. ACTION: Greg Apke will provide an update at the next meeting for the sites on the Fish Passage Priority List. FPTF Minutes 2-4-09 APPROVED2-4-09 page 5 of 6
16. Stimulus Funding Packages & Fish Passage Opportunities - Apke Apke explained that there might be some potential for ODFW and others to apply for state and federal stimulus dollars to complete fish passage projects. As appropriate, ODFW will apply for funding or provide letters of support for funding these projects in Oregon. 17. Streamlined Fish Passage Permitting Strategies in Oregon: New and Upcoming Initiatives - Apke Inter-Agency Fish Passage Barrier Removal Kick-Off Meeting A work group has formed to address the difficulty, confusion, and lack of cohesive customer understanding for Fish Passage Barrier Removal permitting requirements and exceptions that have resulted in land owners giving up on doing good work (removing fish passage barriers). The work group met January 23, 2009 to begin work on addressing the complexity of permitting for fish passage projects. 18. Other Business Next Meeting May 8-9 in Coos Bay: Tide Gate Focus - All The Task Force will meet next on May 8-9 in Coos Bay. A portion of the meeting, and the tour will focus on tide gates. Review Meeting Action Items Kingsley Kingsley reviewed the action items for the group. 19. Adjourn Schab The meeting was adjourned at 4:25 PM. FPTF Minutes 2-4-09 APPROVED2-4-09 page 6 of 6