Oregon Essential Indigenous Anadromous Salmonid Habitat (Esh)

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_141/141_102.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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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 2.0, February
2011: http://www.oregon.gov/DAS/CIO/GEO/standards/docs/oregonfishhabitatdistributiondatastandardv2.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; DSL 1-2015, f. 2-10-15,
cert. ef. 3-1-15
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://www.oregon.gov/dsl/PERMITS/Pages/esshabitat.aspx).
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; DSL 1-2015, f. 2-10-15,
cert. ef. 3-1-15
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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