OFFICE OF THE SECRETARY OF STATE ARCHIVES DIVISION SHEMIA FAGAN STEPHANIE CLARK SECRETARY OF STATE DIRECTOR

CHERYL MYERS 800 SUMMER STREET NE DEPUTY SECRETARY OF STATE SALEM, OR 97310 503-373-0701

TEMPORARY ADMINISTRATIVE ORDER INCLUDING STATEMENT OF NEED & JUSTIFICATION FILED 07/19/2021 2:03 PM DFW 107-2021 ARCHIVES DIVISION CHAPTER 635 SECRETARY OF STATE DEPARTMENT OF FISH AND WILDLIFE & LEGISLATIVE COUNSEL

FILING CAPTION: Lift Regulation Changes So New Regulations Related to Water Temperatures in the Basin

EFFECTIVE DATE: 07/30/2021 THROUGH 08/15/2021

AGENCY APPROVED DATE: 07/16/2021

CONTACT: Lisa Kingsley 4034 Fairview Industrial Dr SE Filed By: 503-947-6233 Salem,OR 97302 Lisa Kingsley Lisa.M.Kingsley@odfw..gov Rules Coordinator

NEED FOR THE RULE(S):

To help protect native and migratory fish in the Willamette Zone, ODFW closed angling to reduce stress from handling and associated mortalities during the hottest time of the day.

In two areas of the Santiam River Basin, after considering river temperature response to recent extreme high temperatures, current water temperatures, and dam operations, the regulations are no longer necessary.

JUSTIFICATION OF TEMPORARY FILING:

These temporary changes are due to short-term environmental conditions for which there is not sufficient time to complete the permanent rule making process.

Failure to adopt these rules would cause serious prejudice to the public interest in that recreational anglers would not be allowed to harvest valuable gamefish including migratory Chinook that are currently in these reaches.

DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE:

The above documents are available for public inspection in the Department of Fish and Wildlife, Fish Division, Second Floor, 4034 Fairview Industrial Dr. SE, Salem, Oregon, between 8:00 a.m. and 4:30 p.m., on normal working days, Monday through Friday.

SUSPEND: 635-017-0090

SUSPEND: Temporary 635-017-0090 from DFW 104-2021

RULE SUMMARY: ODFW initiated temporary rulemaking to close angling during the hottest time of the day (beginning at 2:00 p.m. daily) in anticipation of drought conditions in many Northwest Zone Rivers. Sections of the North and South Santiam rivers below Foster and Big Cliff dams should stay relatively cool throughout the remainder of the summer, so

Page 1 of 3 this amended rule suspends the existing temporary rule so a revised temporary rule can be filed to lift the closure in sections of the North and South Santiam Rivers.

CHANGES TO RULE:

635-017-0090 Inclusions and Modifications ¶

(1) The 2021 Oregon Sport Fishing Regulations provide requirements for the Willamette Zone. However, additional regulations may be adopted in this rule division from time to time and to the extent of any inconsistency, they supersede the 2021 Oregon Sport Fishing Regulations.¶ (2) Beginning February 1, 2017, the use of barbed hooks is allowed when angling for salmon, steelhead, or trout in downstream of Willamette Falls (including Multnomah Channel and Gilbert River) and in lower Clackamas River upstream to Highway 99E Bridge.¶ (3) Pacific Lamprey Harvest:¶ (a) Pursuant to OAR 635-044-0130(1)(b), authorization from the Oregon Fish and Wildlife Commission must be in possession by individuals collecting or possessing Pacific lamprey for personal use. Permits are available from ODFW, 17330 SE Evelyn Street, Clackamas, OR 97015;¶ (b) Open fishing period is June 1 through July 31 from 7:00 A.M. to 6:00 P.M.; personal use harvest is permitted Friday through Monday each week. All harvest is prohibited Tuesday through Thursday;¶ (c) Open fishing area is the Willamette River at Willamette Falls on the east side of the falls only, excluding Horseshoe Area at the peak of the falls;¶ (d) Gear is restricted to hand or hand-powered tools only;¶ (e) Catch must be recorded daily on a harvest record card prior to leaving the open fishing area. Harvest record cards will be provided by ODFW. All harvest record cards must be returned to the ODFW Clackamas office by August 31 to report catch. Permit holders who do not return the harvest record cards by August 31 will be ineligible to receive a permit in the following year.¶ (f) Harvesters must allow sampling or enumeration of catches by ODFW personnel.¶ (4) Effective March 1 through August 15, 2021, Two-Rod angling is allowed as follows:¶ (a) In all areas of the Willamette River downstream of Willamette Falls, including Multnomah Channel, and in the Clackamas River downstream of the Highway 99E bridge that are open to angling for hatchery Chinook, hatchery steelhead, trout, or warmwater gamefish, anglers with a valid 2021 Two-Rod Angling Validation may use up to 2 fishing rods while fishing for any game fish or non-game fish species except sturgeon. ¶ (b) Youth anglers under 12 years of age may use 2 rods in these areas without purchasing the Two-Rod Angling Validation. ¶ (c) Angling for sturgeon remains restricted to the use of 1 rod per angler. ¶ (5) Effective May 1 through August 15, 2021, Two-Rod angling is allowed as follows: ¶ (a) In all areas of the Willamette River above Willamette Falls, including the tributaries and flowing waters, that are open to angling for hatchery Chinook, hatchery steelhead, trout, or warmwater gamefish.¶ (b) Anglers with a valid 2021 Two-Rod Validation may use up to 2 fishing rods while fishing for any game fish or non-game fish species except sturgeon. ¶ (c) Youth anglers under 12 years of age may use 2 rods in these areas without purchasing the TwoRod Angling Validation. ¶ (d) Angling for sturgeon remains restricted to the use of 1 rod per angler.¶ (6) Effective July 1 through September 30, all angling for salmon, steelhead, sturgeon, and trout is closed from 2:00 p.m. to one hour before sunrise in the following locations:¶ (a) Willamette River from Willamette Falls upstream to the mouth of the McKenzie River¶ (b) Clackamas River from the mouth upstream to River Mill Dam;¶

Page 2 of 3 (c) Santiam River: ¶ (A) Mainstem Santiam, Middle Santiam, and Breitenbush rivers; ¶ (B) and tributaries from the mouth upstream to Big Cliff Dam; ¶ (C) South Santiam River and tributaries including ; ¶ (d) Rickreal Creek, Luckiamute, Mary's, Long Tom, Tualatin, and Yamhill rivers, and their tributaries; (e) Calapooia River, Clatskanie, Molalla, Sandy, and Scappoose rivers.¶ (7) Effective July 1 through September 30, angling for salmon, steelhead, trout, and sturgeon is closed from 2:00 p.m. to one hour before sunrise in the lower Willamette River from the mouth upstream to Willamette Falls, including Multnomah Channel, and Scappoose Bay. ¶ (8) All other permanent rules for the Willamette River Zone, as stated in the 2021 Oregon Sport Fishing Regulations, remain in effect. Statutory/Other Authority: ORS 496.138, ORS 496.146, ORS 497.121, ORS 506.119 Statutes/Other Implemented: ORS 496.004, ORS 496.009, ORS 496.162, ORS 506.129

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