Fish Passage – Who Cares?

FISH PASSAGE – WHO CARES?

Beaver Work Group Meeting Feb. 12, 2020 Greg Apke, ODFW Fish Passage Program Leader1 OVERVIEW & GOALS

• General update on State’s fish passage policy

• Discuss the passage policy as relates to: . Beaver Dam Analogs – BDA’s . Beaver Exclusion and Flow Control Devices (Culverts & Beaver Dams where flooding is an issue) . ODFW is in the process of developing new passage guidelines as it relates to BDA’s and water control devices (pond levelers and exclusion devices) 2 FACT OF FICTION ??? • Beaver are, if not, the keystone species and have co-evolved with fish and wildlife species. • Habitat features associated with Beaver Dams epitomize complex habitat(s) essential for myriad fish and wildlife species. • ODFW is absolutely supportive of beaver and their critical role on the natural landscape. • Beaver, wildlife and societal issues are difficult and challenging to manage, particularly where they intersect fish passage policy. • ODFW does not consider natural beaver dams as impediments to fish migration and does not regulate beaver dams as fish passage barriers. • Not all fish migrate equally. • We understand fish passage policy may limit or is perceived to limit some restoration activities. 3 OREGON’S FISH PASSAGE POLICY • It is a state policy to provide upstream and downstream passage of native migratory fish (adopted in 2001 - ORS 509.585). .Passage laws pre-date statehood (Territorial Constitution 1849) .Applies in all waters of the state where native migratory fish (NMF) were historically or are presently located .2001 Legislation requires owners-operators of artificial obstructions (AO’s) to address passage prior to certain activities .32 species of NMF in Oregon (adult and juvenile life-histories) .Policy compels projects design to weakest swimming fish and life history at a project site 4 5 FISH PASSAGE PROBLEMS

. Water velocities exceed swimming . Excessive culvert lengths capabilities of fish . Shallow water depths in culverts . Water surface to water surface . drop/jump heights Perched and undersized culverts . Physical structures blocking . Water over-allocation “no water channels (dams, bridge piers, in stream” culverts, dikes, levees, tide gates) . Poor water quality (pollutants, . Shallow water depths temperature, etc.) . Abandoned structures . Combination of multiple factors

6 FISH PASSAGE MUST BE ADDRESSED

•At artificial obstructions (AO’s)

•Where native migratory fish are currently or were historically present, and

•Prior to when a "trigger event" will occur

•ODFW reviews and approves fish passage plans

7 NATIVE MIGRATORY FISH SPECIES

• Native Migratory Fish: native fish that migrate for their life cycle needs, including all sub-species and life history patterns of the following (32 species): . salmon species (chum; coho; sockeye/kokanee; chinook) . trout species (cutthroat; steelhead, rainbow and redband) . bull trout . mountain whitefish . sturgeon species . sucker species . lamprey species (excluding brook) . pikeminnow species . redtail surfperch, surf smelt, longfin smelt, eulachon

There are relatively few places in Oregon where one or more of these species are not present or were historically present. 8 PASSAGE BARRIERS

•Artificial Obstruction (AO)= Any dam, diversion, dike, berm, levee, tide gate, road, culvert, bridges, or other human made device placed in waters of this state that precludes or prevents the migration of native migratory fish.

•ODFW (OAR 635-412-0020) Administers fish

passage at AO’s and issues fish passage approvals.9 ACTIVITIES THAT INVOKE STATE’S PASSAGE AUTHORITY • Construction of an AO • Fundamental change in permit status of an existing AO − licensing − relicensing − new water rights • Abandonment of AO • Construction of manmade dams (BDA’s) and Beaver Devices (water control and exclusion devices) are subject to the

state’s fish passage rules. 10 QUESTIONS ON STATE FISH PASSAGE POLICY?

11 BEAVER DAM ANALOGUES – BDA’s

• BDA - manmade channel spanning low profile temporary structure placed in waters of the state comprised of organic materials and with a porous organic material weave between untreated wood posts built to mimic a natural beaver dam. • BDA’s are constructed to provide habitat features similar to natural beaver dams and restoring and enhancing water quality and instream native fish habitat(s). • BDA’s are intended to mimic the functions of natural beaver dams. • BDA’s are manmade and fall within the definition of an AO and are regulated by ODFW for fish passage. • ODFW is very supportive of the habitat created by BDA’s. • BDA’s are effective restoration practitioner tools. 12 13 North Coast - Upper Nehalem River BDA Pilot Project

Photos courtesy of S. Trask 14 15 16 BDA’S CAN …

• Be low cost & easy to install • Be implement by volunteers • Have immediate positive stream responses • Have significant beneficial effects to stream channel function & diversity • Improve flow conditions where water is limited • Promote and improve complex fish habitat conditions • Create habitat diversity for fish and wildlife species • A ttract Beaver if other restoration treatments (revegetation) are also implemented • Be taken out of context and misused • Impair fish passage if inappropriately designed or constructed

• Be incorrectly implemented 17 BDA’s ARE NOT:

• Long Term - Permanent Structures • Artificial Beaver Dams (ABD’s) • Restoration Check Dams • Rock Dams • Grade Control Features • Used as Points of Water Diversion (POD’s) • Flood Irrigation Tools

18 19 20 21 WHAT IS ODFW DOING ???

• Hundreds+ of projects statewide (increasing trends) • BDA’S trigger to the state’s fish passage rules and regulations • Need to track, monitor and evaluate efficacy of the BDA restoration actions • Better understand short and long term affects • Better understand native fish responses to these actions • Ensure BDA projects continue to mimic natural beaver dam function and habitat processes (temporary structures and easy to build) • Pro-actively manage future BDA projects • Developing more simple and efficient fish passage permitting procedures while encouraging appropriate restoration treatments 22 QUESTIONS ON BDA’s & FISH PASSAGE POLICY?

• Contrary to popular belied, ODFW will seek stakeholder input on BDA’s and fish passage policy guidance and permitting strategies.

• Please stay tuned for outreach.

23 BEAVER WATER CONTROL & EXCLUSION DEVICES • Two primary Beaver Management devices that can be problematic with fish passage:

1. Water Control Pond Leveler Devices . Used in conjunction with Beaver Dams where flooding adjacent to dam is causing critical infrastructure damage and/or public safety related issues

2. Culvert or Other Hydraulic Facility Exclusion Devices . Typically used at or associated with undersized culverts where Beavers want to build a dam ODFW is supportive of these non-lethal beaver alternative actions so long as they are implemented consistent with fish passage needs of the species and life histories present in the stream. 24 POND LEVELER DEVICES

• Pond Leveling Devices associated with Beaver Ponds where there are flooding issues for landowners. . Non -lethal alternative to Beaver Management . Are not designed to move fish (fishway) . Need to coordinate with ODFW in advance • Determine native migratory fish species presence and species composition • Identify appropriate construction in-water work window • Identify owner-operator maintenance expectations

25 26 EXCLUSION DEVICES

• Exclusion Devices associated primarily with undersized culvert facilities where flooding or public safety issues exist . Purposefully designed to preclude beaver activity within or adjacent to culverts . Can be made with fencing materials or welded metal devices . Typically are 6-inch square fencing . Hydraulic facility (culvert) may be undersized and ideal for beaver activity . How to best balance non-lethal beaver management options while also balancing habitat connectivity (fish passage)

Please Call local ODFW District Fish Biologists (18-different watersheds) if you have beaver and flooding issues. Important to understand project specific fish species composition and size of fish to better inform beaver management alternatives. 27 Photo of trash rack removed at request of ODOT

28 29 ODFW PASSAGE DESIGN CRITERIA

• Driving untreated wood posts proximal to a problematic culvert does not invoke ODFW’s authority . Minimum of 10-inch spacing between posts • Water Control and Exclusion Devices require contacting ODFW District Fish Biologists or Fish Passage Program Staff to determine if NMF are present at a treatment site or location . A fish passage plan needs to be presented that is consistent with the species of NMF present at a site . For Coastal Cutthrout Trout and Resident Redband Trout . 6- inch trapezoidal mesh or fence sizing is permissible . Anadromous salmonids and other species – Need to work on differential spacing – more problematic for fish passage 30 • easy maintenance, cleaning and debris removal • all edges and fasteners which fish may contact shall be ground smooth • no protruding materials extending into the flow path of migrating fish • resident coastal cutthroat and redband trout only streams (as determined by ODFW): . a minimum 6-inch clear space distance between vertical and horizontal membe • all other streams with anadromous salmonids: . a minimum clear space distance between vertical members of: • 9- inches if adult native migratory fish are present, • 10-inches if adult chinook are present, . a minimum 12-inch clear space distance between horizontal members • if more than one native migratory fish species requires passage at a site and the requirements for the different species are mutually exclusive, ODFW shall determin passage criteria. 31 QUESTIONS ON WATER CONTROL AND EXLUSION DEVICES ?

32 WHAT ARE WE DOING??? • Develop simple and efficient fish passage permitting procedures • ODFW is developing new fish passage policy guidance on BDA’s and a new streamlined approach at providing fish passage approvals for BDA projects implemented consistent with the 2018 Beaver Restoration Guidebook (version 2.01) • tracking and monitoring BDA projects to ensure they are achieving the goals for which they were intended and funded • differentiate between the appropriate restoration treatments and those that are not appropriate and/or may have unintended consequences, particularly fish passage • Next Steps - Stakeholder involvement and vetting

• Roll out and implement policy guidance 33 ODFW FISH PASSAGE PROGRAM CONTACTS Fish Passage Website http://www.dfw.state.or.us/fish/passage/ criteria and policy guidelines BDA application Process Statewide Fish Passage Program Coordinator Greg Apke 503-947-6228 [email protected] Assistant Statewide Fish Passage Program Coordinator Kregg Smith 503-947-6217 [email protected]

Local District Fish Biologists 34 QUESTIONS?