Or. Admin. R. 635-500-6625

Current through Register Vol. 63, No. 9, September 1, 2024

Section 635-500-6625 - Implementing the Lower Columbia River and Oregon Coast White Sturgeon Conservation Plan

(1)Policy. The Lower Columbia River and Oregon Coast White Sturgeon Conservation Plan (LCROC White Sturgeon Plan) (State of Oregon 2011, available at Department offices) implements the State's strategy for protecting and enhancing Oregon white sturgeon in the lower Columbia River and in Oregon coastal and marine habitats, in cooperation with other federal and local partners, including Oregon Plan natural resource agencies. The LCROC White Sturgeon Plan is consistent with the Oregon Plan for Salmon and Watersheds and the Lower Columbia River Conservation and Recovery Plan. This rule describes the Commission's contribution toward this collective effort and directs the Department's implementation of the LCROC White Sturgeon Plan. This rule describes the Department's role in implementing the LCROC White Sturgeon Plan consistent with the Department's statutory authorities and the Native Fish Conservation Policy (OAR 635-007-0502 thru 635-007-0505). The rule is not intended to be a rigid recipe but rather to identify the range of opportunities the Department should pursue and how the effectiveness of those opportunities should be evaluated, following the template first established in the Native Fish Conservation Policy.

(2)Description of the Species Management Unit and Populations. All white sturgeon in Oregon are represented by one Species Management Unit (SMU) and one population. However, there are seven population segments within the SMU that are managed as more discrete units: Lower Columbia/Oregon Coast; Bonneville Reservoir; The Dalles Reservoir; John Day Reservoir; McNary Reservoir; Middle Snake River (downstream from Hells Canyon Dam); and Mid Snake Reservoirs (upstream from Hells Canyon Dam). The LCROC White Sturgeon Plan addresses the Lower Columbia/Oregon Coast population segment (LCROC white sturgeon), which is comprised of white sturgeon inhabiting the mainstem lower Columbia River downstream from Bonneville Dam, adjacent Oregon freshwater habitats (including the Willamette River downstream from Willamette Falls), and Oregon coastal and marine habitats. It also addresses white sturgeon in the Willamette River upstream from Willamette Falls, although this area is not part of the SMU.

(3)Desired Status.

(a) Broad Sense Goals. The goals of the LCROC White Sturgeon Plan are to avoid any substantial reductions in the Lower Columbia/Oregon Coast white sturgeon population segment; to maintain a naturally reproducing population segment that makes full use of natural habitats and provides ecological, economic, and cultural benefits to Oregon residents; and to provide sustainable commercial and recreational fishing opportunities. LCROC white sturgeon are important to Oregon and the region as a whole. Ensuring persistence and genetic diversity of the species and its ecological niche, now and for future generations, is necessary to maintain the social, cultural and economic benefits this population segment currently provides.

(b) Measurable criteria for biological attributes are defined in Section 6 of the LCROC White Sturgeon Plan. Primary Biological Attributes include:

(A) Abundance: number of individuals at a given life stage.

(B) Distribution: where and when individuals at each life stage are found throughout their historic range.

(C) Diversity: the level of genetic variation and how that variation is expressed within the population segment.

(D) Productivity: how well the population segment is able to sustain and/or increase its abundance over time.

(E) Habitat: the quantity, quality and distribution of habitat types important to various life stages.

(F) Persistence: the likelihood that the population segment will maintain its existence and remain viable over time.

(4)Current Status. The current status of LCROC white sturgeon at the time of the adoption of this rule is described in Section 7 of the LCROC White Sturgeon Plan. The biological attributes, criteria and metrics used to assess current status are adopted by reference into this rule. The Department shall update current status periodically consistent with timelines described in Section 12 (Adaptive Management) of the LCROC White Sturgeon Plan. These updates do not require rule modification of current status, but rather will serve as a measurement of progress toward desired status.

(5)Principal Limiting Factors.

(a) Numerous factors that contribute to the gap between current and desired status of LCROC white sturgeon are described in Section 9 of the LCROC White Sturgeon Plan.

(b) Factors of particular concern are:

(A) Predation by Marine Mammals;

(B) River Flow and Flow Variation;

(C) Habitat Quality and Quantity; and

(D) Overharvest.

(c) Staff will continue to work with others to refine existing and identify new management actions that address the limiting factors identified in the LCROC White Sturgeon Plan. Staff may analyze the limiting factors at a finer, more localized scale when selecting or prioritizing management actions for specific areas. These analyses may find primary and secondary factors different at a local scale than those for the entire Lower Columbia/Oregon Coast white sturgeon population segment.

(6)Management Strategies. Management strategies to address limiting factors for LCROC white sturgeon are identified in Section 11 of the LCROC White Sturgeon Plan. Staff shall advocate for the implementation of, and where appropriate endeavor to implement these management strategies as mechanisms to reach the desired status. Strategies to address factors generally causing the gap between current and desired status for LCROC white sturgeon include:

(a)Short-term Strategies (1 to 5 years).

(A) Minimize marine mammal predation.

(B) Optimize the configuration and operations of the Columbia River hydropower system to best mimic a natural hydrograph and normative river conditions.

(C) Minimize incidental mortality associated with hydrosystem operations.

(D) Protect and restore high-quality habitat in the lower Columbia River and adjacent waters, including the Willamette River and coastal bays, estuaries and rivers.

(E) Maintain water quality in the lower Columbia River.

(F) Prevent, and when unavoidable, mitigate for impacts associated with in-water work activity.

(G) Manage lower Columbia River white sturgeon sport and commercial fisheries to not exceed sustainable harvest levels.

(b)Additional Long-term strategies (1 to 25 years).

(A) Restore Columbia River connectivity by providing improved passage at hydropower projects.

(B) Minimize the impacts of piscine predation.

(7)Adaptive Management. The Department shall employ adaptive management principles within its statutory authority in support of achieving the desired status goal for LCROC white sturgeon by participating in the adaptive management and implementation processes defined in Section 12 of the LCROC White Sturgeon Plan. Pursuant to the adaptive management framework, a White Sturgeon Technical Management Team (WSTMT) will be formed to monitor the status of LCROC white sturgeon. The WSTMT will be made up of representatives from the Department, Washington Department of Fish and Wildlife, other regional natural resource managers, and sturgeon experts. The Department's contribution to adaptive management of LCROC white sturgeon will include five elements: research, monitoring, evaluation, a feedback loop, and reporting.

(a)Research. The Department shall support high-priority research identified in the LCROC White Sturgeon Plan that addresses uncertainties related to management strategies and actions needed to achieve desired status. Research needs at the time of adoption (but which are not intended to be an exclusive list of research projects to be pursued) are identified in the LCROC White Sturgeon Plan in Section 11. Future research needs shall be identified by the WSTMT during periodic assessments of the effectiveness of the LCROC White Sturgeon Plan.

(b)Monitoring. The Department shall continue to identify, implement, and support monitoring needed to assess the status of LCROC white sturgeon relative to desired status criteria and habitat status trends as funding allows. Monitoring needs at the time of adoption are identified in the LCROC White Sturgeon Plan in Section 11. Future monitoring needs shall be identified by the WSTMT during periodic assessments of the effectiveness of the LCROC White Sturgeon Plan.

(c)Evaluation. The Department shall continue to identify and support evaluation needed to assess the status of LCROC white sturgeon and the effectiveness of management strategies and actions in achieving their intended outcomes. Evaluation needs at the time of adoption are identified in the LCROC White Sturgeon Plan in Section 11. Future evaluation needs shall be identified by the WSTMT during periodic assessments of the effectiveness of the LCROC White Sturgeon Plan.

(d)Feedback Loop. The Department shall review the results of reports and assessments identified in 635-500-6625(7)(e) and modify management strategies and actions as appropriate and within its statutory authority based on the review results. The Department shall recommend to other agencies or entities, as necessary, appropriate modifications to management strategies and actions needed to support attainment of the desired status goals and avoid conservation status for LCROC white sturgeon. This feedback shall include refinement of management actions, research, monitoring and evaluation programs and desired status criteria based on the best available scientific information. In Section 6 of the LCROC White Sturgeon Plan, conservation status thresholds for biological attributes are described, each of which represent conditions in which the future persistence of the population becomes unpredictable without significant management action. These thresholds will be used by the WSTMT to determine if temporary modifications to management strategies or actions are needed. In the event that temporary modifications do not rectify the conservation status of these biological attributes within a reasonable time frame, a review of the status of LCROC white sturgeon and the LCROC White Sturgeon Plan will be conducted by the WSTMT.

(e)Reporting. The WSTMT shall meet periodically to review the status of LCROC white sturgeon, especially as it pertains to desired and conservation status. In addition to reviewing the current status, the WSTMT will monitor progress toward addressing the constraints, limiting factors, threats, critical uncertainties, and data gaps. The results of the status review will be published on the Department website as a management report. The WSTMT shall produce an in-depth review of the status of LCROC white sturgeon at five-year intervals. Any reports generated or data collected will be made available to the public.

(8)Impact on Other Native Fish Species. Management strategies identified in the LCROC White Sturgeon Plan are likely to be beneficial to other native fish species present in the range of LCROC white sturgeon because they focus on restoring natural processes. New or modified actions shall consider impacts to other native species, as appropriate, to minimize harm and optimize benefits.

Or. Admin. R. 635-500-6625

DFW 112-2011, f. & cert. ef. 8-10-11

Stat. Auth.: ORS 496.138, 496.146 and 506.119

Stats. Implemented: ORS 506.109