IN THE COURT OF APPEALS OF THE STATE OF OREGON

Transcription

1 IN THE COURT OF APPEALS OF THE STATE OF OREGON STEVE FICK, JAMES WELLS, FISHHAWK FISHERIES, INC. CA A Petitioners, v. OREGON DEPARTMENT OF FISH AND WILDLIFE, Respondent. PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE RULES Petitioners file this petition to seek judicial review of the validity of several administrative rules pursuant to ORS The parties to this review are: Steve Fick P.O. Box 715 Astoria, OR James Wells Grandview Ln. Astoria, OR State of Oregon Department of Fish and Wildlife 3406 Cherry Ave. NE Salem, Oregon Respondent Fishhawk Fisheries, Inc. P.O. Box 715 Astoria, OR Petitioners PAGE 1 PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE RULES

2 A. Attached to this Petition as Exhibit A is a copy of the rules for which review is sought: Oregon Department of Fish and Wildlife ( ODFW ) administrative rules, OAR through OAR (the ODFW Rules ). B. On December 7, 2012, the ODFW Commission passed the ODFW Rules which, among other things, reallocated shares of Endangered Species Act ( ESA )-impacts and harvestable surplus of salmon, taking fish away from commercial fisheries, adding to recreational fisheries, and ultimately banning nontribal gill nets from the Columbia River mainstem for all species of fish, including sturgeon, smelt and shad, as well as salmon. The commercial fisheries harvest fish for the consuming public, which allows all Oregonians to have access to the resources of the Columbia River. For many generations, Oregon afforded local commercial fishers and the consuming public a significant and equitable share of these fisheries and allowed gillnetting on the mainstem Columbia River for salmon, sturgeon, smelt and shad. The ODFW Rules effectively abolish that tradition and cause irreparable economic devastation for these commercial fisheries and the coastal communities dependent on them. The ODFW Rules violate controlling Oregon law and ODFW relied on flawed assumptions and inadequate analysis in its Statement of Fiscal Impact to promulgate them. Therefore, the ODFW Rules should be declared invalid. C. Petitioners Steve Fick ( Fick ) and James Wells ( Wells ) are individuals who seek the Court of Appeals determination that the ODFW Rules PAGE 2 PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE RULES

3 are invalid. Petitioner Fishhawk Fisheries, Inc. ( Fishhawk ) is a business which seeks the Court of Appeals determination that the ODFW Rules are invalid. As such, Fick, Wells and Fishhawk (collectively Petitioners ) are persons with standing to seek review under ORS D. Petitioners participate in commercial fish-buying, processing and related industries, or are commercial fishermen themselves. Petitioners provide Columbia River fish to public consumers throughout Oregon, Washington and other parts of the United States. Their business operations occur primarily in the lower Columbia River and involve the commercial fisheries affected by the ODFW Rules. As a result, a decision in this case declaring the ODFW Rules valid or invalid will have a practical effect on Petitioners rights and businesses. E. Petitioners seek a determination invalidating the ODFW Rules. ODFW has an interest in asserting that the ODFW Rules are valid. Therefore, the parties interests are sufficiently adverse and a justiciable controversy exists. F. Pursuant to ORS (4)(b)-(c), this Court shall invalidate an administrative rule if it finds that the rule exceeds the statutory authority of the agency or was adopted without compliance with applicable rulemaking procedures. G. The ODFW Rules should be invalidated under ORS (4)(b) and (c) because the ODFW Rules conflict with controlling state law. Under ORS (1) it is unlawful to take food fish by means of fixed fishing gear or PAGE 3 PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE RULES

4 seines in any of the waters of this state. 1 Salmon are considered food fish. ORS (5). A seine net is a large net with sinkers on the bottom and floats on the top, with very small meshes that allow no fish to escape. The seine nets are used to encircle and capture all fish within its reach when its ends are pulled together or are drawn ashore. In contrast, a gill net is a fishing net with larger mesh sizes, set by regulation for individual seasons and species. A gill net drifts with the current in the water so that target-sized fish swimming into it are entangled, but smaller or larger fish than the target-size either pass through the meshes (smaller) or bounce off the meshes (larger) and do not become caught. H. The ODFW Commission is only authorized by rule to permit seine nets for the taking of certain species of food fish other than salmon or steelhead from the waters of this state (emphasis added). ORS (2). The Statement of Fiscal Impact accompanying the ODFW Rules assumes that ODFW will implement commercial fisheries for salmon with seine nets, beginning in / / / / / / 1 A 1948 Initiative Petition adopted this law. PAGE 4 PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE RULES

5 Exhibit B at 2, Exhibit C at 27, 29, and However, taking salmon with the use of seine nets is unlawful as a matter of state law. ORS (1). Salmon, even incidentally caught, must be released immediately and unharmed. ORS (2). Commercial fishing for salmon in the Columbia River by non-tribal fisherman is illegal unless the fish are caught using gill nets, ORS et seq., and it is unlawful to purchase salmon captured in the Columbia River by non-tribal fishermen through means other than a gill net. ORS (2); ORS ODFW has no authority to permit by rule that which has been prohibited by statute. Yet the ODFW Rules purport to authorize selective-fishing gear and techniques for salmon, and the Statement of Fiscal Impact assumes that salmon will be caught and sold commercially through the use of seine nets. Because the 2 By making the assumption that seine netting will be allowed, even though it remains unlawful by statute, ODFW estimated a 5% increase in the commercial fishery value in However, subtracting out the values for mainstem seine netting of Lower River Hatchery Chinook and Coho results in a value of $3,567,009, a 3% decrease from current values. The decrease is much larger at the end of the transition period, subtracting out the seine net fisheries results in a commercial value of $2,416,235 in 2017 a 33% decrease from current commercial fishery values. Compare Exhibit C, Table C.5. on page 30 of the November 21, 2012 Management Strategies for Columbia River Recreational and Commercial Fisheries: 2013 and Beyond. ODFW erred by assuming that seine netting will become lawful when it made its economic forecasts. ODFW has no control over the Legislature or ORS Further, ODFW failed to analyze the economic impact of eliminating gill nets on the mainstem Columbia River on commercial shad, smelt and sturgeon fisheries. 3 In fact, ODFW still makes it unlawful [t]o take any species of salmon from the Columbia River for commercial purposes by any means other than by gill net. OAR (2)(a). PAGE 5 PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE RULES

6 ODFW Rules and Statement of Fiscal Impact conflict with controlling statutes, the rules are invalid. I. In addition, the ODFW Rules should be invalidated under ORS (4)(b) because the ODFW Rules conflict with other controlling state law. Under ORS it is the policy of the Legislature that food fish shall be managed to provide the optimum economic, commercial, recreational and aesthetic benefits for present and future generations of the citizens of this state. In furtherance of this policy, some of the goals of food fish management are: 1) to permit an optimum and equitable utilization of available food fish, 2) to regulate food fish populations and the utilization and public enjoyment of food fish in a manner that is compatible with other uses of the lands and waters of the state and provides optimum commercial and public recreational benefits, and 3) to preserve the economic contribution of the sports and commercial fishing industries in a manner consistent with sound food fish management practices. ORS (3), (5) and (6)(bold emphasis added). J. The ODFW Rules significantly decrease the allocation of shares of ESA-impacts and harvestable surplus available to the commercial fisheries. For most species, the commercial fisheries receive only 20% of the harvestable surplus or ESA-impact. See OAR to OAR The rules also effectively eliminate all commercial harvest of shad, smelt and sturgeon on the mainstem Columbia River. Such allocations do not provide optimum commercial benefits nor are they equitable. The reallocations provide the recreational fisheries PAGE 6 PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE RULES

7 with a larger share of the harvest; they are not a tool for conservation nor were they intended to promote conservation. They were intended to, and do, benefit recreational fisheries at the expense of commercial fisheries and related businesses. Because the ODFW Rules conflict with the state food fish policy articulated in ORS , they should be declared invalid. K. The ODFW Rules should be invalidated under ORS (4)(c) because the ODFW Rules were approved less than 14 days after an Amended Statement of Fiscal Impact was published in the Oregon Bulletin. Under ORS (2)(b)(E), ODFW was required to publish a Statement of Fiscal Impact for the ODFW Rules in the Oregon Bulletin. ODFW amended its Statement of Fiscal Impact and published it in the Oregon Bulletin on December 1, Exhibit D. ODFW did not use an advisory committee to amend the Statement of Fiscal Impact. ORS (2)(b)(F); Exhibit E, page 2. ODFW was therefore required to wait at least 14 days before holding a rulemaking hearing to provide an opportunity for members of the public to object to the adequacy of the Amended Statement of Fiscal Impact. ORS (5); ORS (12)(b); see also Oregon Attorney General s Administrative Law Manual and Uniform and Model Rules of Procedure under the Administrative Procedures Act (2012), at and A-7. Instead, ODFW held a rulemaking hearing on December 7, 2012, only six days after the Amended Statement of Fiscal Impact was published in the Oregon Bulletin. ODFW s failure to prepare a legally adequate Statement of Fiscal Impact, and failure to provide the public with an adequate opportunity to raise objections, renders the entire PAGE 7 PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE RULES

8 rulemaking process invalid. Because the ODFW Rules were approved at a rulemaking hearing held only six days after the Amended Statement of Fiscal Impact was published, they should be declared invalid. L. The ODFW Rules should be invalidated under ORS (4)(c) because ODFW performed an inadequate analysis of the impacts on small businesses. ORS (1) requires all fiscal impact statements to project any significant economic effect on small businesses. The statement must include an estimate of the number of small businesses subject to the proposed rule and an identification of equipment, supplies, labor and increased administration required for compliance with the proposed rule. The statement must further include an approximate calculation of the total number of small businesses subject to the proposed rule, or if it is unable to estimate the number of small businesses subject to the rule, the agency must explain why. M. The analysis of the impacts on small businesses in the Amended Statement of Fiscal Impact meets none of those requirements. ODFW licenses commercial fisherman and commercial fish buyers. ODFW, or the Oregon State Marine Board, licenses recreational fishermen and sport fishing guides. ODFW has information available to it to estimate the number of small businesses subject to the rule. Instead, ODFW merely stated that Virtually all businesses potentially affected by these rules are believed to be small business and the effect of the rules of each business does not depend on whether they are a small business. Exhibit B at 4. ODFW made no further effort to identify the new equipment, PAGE 8 PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE RULES

9 supplies, labor and increased administration required from the commercial fisheries to comply with the ODFW Rules. ODFW s analysis failed to meet even the basic standards of ORS (1). N. ODFW further relied on a preliminary impact analysis [] found in the draft plan, which itself is a work in progress and, as a result, those details and analysis are subject to change as the process moves forward. Exhibit B at 1. The whole point of the Legislature requiring ODFW to take a hard look at the impact of its rules on small businesses is so that the agency is informed of potential economic effects on small business at the time of rule drafting, not at some point in the future. Because ODFW conducted an inadequate review of the impacts on small businesses, the ODFW Rules should be declared invalid. O. The ODFW Rules should be invalidated under ORS (4)(c) because the ODFW Rules relied on a vague and inadequate Statement of Fiscal Impact and other draft documents incorporated solely by reference. The Amended Statement of Fiscal Impact refers to further details contained in a draft plan. which is a work in progress and, as a result, those details and analysis are subject to change as the process moves forward. Exhibit B at 1. There is no document entitled draft plan. If ODFW wished to incorporate a document by reference it needed to adopt a specific version, not all subsequent revisions to some indeterminate document which may be made in the future. Indeed, the document Management Strategies for Columbia River Recreational and Commercial Fisheries: 2013 and Beyond (which is possibly the draft plan ) was not prepared PAGE 9 PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE RULES

10 until November 21, Exhibit C. In contrast, the Rulemaking Notice containing the Amended Statement of Fiscal Impact was sent to the Secretary of State, Archives Division on November 15, Exhibit E. Thus, it appears ODFW relied on a version of a document which was not even in existence at the time it submitted its Rulemaking Notice. Because ODFW provided inadequate notice of what versions of what documents it was relying upon to review the fiscal impact of its proposed actions, the ODFW Rules should be declared invalid. The public cannot effectively comment, after all, unless the public knows what they are commenting on. P. Petitioners seek this court s review of OAR through OAR and request a determination declaring those rules invalid. Q. Pursuant to ORS , Petitioners are entitled to an award of costs and reasonable attorney fees. R. Petitioners are not willing to stipulate that the agency record may be shortened and designates that the record include, but not be limited to: copies of all data and views received by ODFW concerning the amendments to OAR through OAR ; evidence of any hearings that were held concerning the adoption of the rules; recommendations of any advisory committee or fiscal impact advisory committee appointed by ODFW under ORS to consider the ODFW Rules; copies of the notices and statements required by ORS ; a copy of the order adopting the rules; copies of all documents filed with the Archives Division, Secretary of State; and documents demonstrating that PAGE 10 PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE RULES

11 the ODFW Rules were submitted to Legislative Counsel as required by ORS S. For the foregoing reasons, Petitioners request a determination declaring OAR through OAR invalid and an award of costs and reasonable attorney fees. Dated this 4th day of January, HARRANG LONG GARY RUDNICK, P.C. By: s/ Ben Miller Jeffery J. Matthews, OSB # jeffery.j.matthews@harrang.com Ben Miller, OSB # ben.miller@harrang.com C. Robert Steringer, OSB # bob.steringer@harrang.com 360 East 10th Avenue, Suite 300 Eugene, OR Telephone: Facsimile: Attorneys for Petitioners PAGE 11 PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE RULES

12 CERTIFICATE OF FILING AND SERVICE I certify that on January 4, 2013, I electronically filed the foregoing PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE RULES with the Appellate Court Administrator using the appellate court s efiling system. I further certify that on January 4, 2013, I served a true and accurate copy of the foregoing document, via certified mail, return receipt requested, at Portland, Oregon, addressed to the following: Roy Elicker, Director State of Oregon Department of Fish and Wildlife 3406 Cherry Ave. NE Salem, Oregon Stephen Sanders Assistant Attorney General Oregon Department of Justice, General Counsel Division 1515 SW 5th Ave, Ste 410 Portland OR Denise G. Fjordbeck Attorney in Charge Civil/Administrative Appeals Oregon Department of Justice, Appellate Division 1162 Court Street NE Salem, OR Mary H. Williams Deputy Attorney General Oregon DOJ Attorney General s Office 1162 Court Street NE Salem, OR Attorney General of the State of Oregon Office of the Solicitor General 1162 Court Street NE Salem, OR HARRANG LONG GARY RUDNICK P.C. By: s/ Ben Miller Ben Miller, OSB # ben.miller@harrang.com Attorneys for Petitioners CERTIFICATE OF FILING AND SERVICE

13 Secretary of State Certificate and Order for Filing PERMANENT ADMINISTRATIVE RULES Exhibit A Page 1 of 6 I certify that the attached copies' are true, full and correct copies of the PERMANENT Rule(s) adopted on [ December 7, 2012 by the Date prior to or same as filing date Oregon Fish and Wildlife Commission Chapter 635 Agency and Division Administrative Rules Chapter Number Therese M. Kucera 3406 Cherry Avenue, Salem, OR (503) Rules Coordinator Address Telephone to become effective [ January 1, 2013 ]. Rulernaking Notice was published in the f November 1, 2012 ] Oregon Bulletin." Date upon filing or later Month and Year RULE CAPTION Amendments to Rules for Management of Columbia River Commercial and Recreational Fisheries Not more than 15 words that reasonably identifies the subject matter of the agency's intended action. RULEMAKING ACTION List each rule number separately ( ) Secure approval of new rule numbers (Adopted or Renumbered rules) with the Administrative Rules Unit prior to filing. ADOPT: , , , , , , , , , , , , , and AMEND: , , and REPEAL: RENUMBER: AMEND & RENUMBER: FILED DEC ARCHIVE-Ja uivision SECRETARY OF STATE Stat. Auth.; ORS , , , , , , 506_119, and Other Auth.: Stats, Implemented: ORS 496,004, 496_009, , , and 508_550. RULE SUMIVIARV These adopted and amended rules modify commercial and recreational fisheries in the Columbia River and tributaries; and establish management measures for future fisheries. Housekeeping and technical corrections to the regulations were made to ensure rule consistency. Authorized Signer Curtis E. Melcher December 19, 2012 Printed name Date *With this original, file one photocopy of certificate, one paper copy of rules listed in Rulemaking Actions, and electronic copy of rules. **The Oregon Bulletin is published the 1st of each month and updates rules found in the OAR Compilation. For publication in Bulletin, rule and notice filings must be submitted by 5:00 pm on the 15th day of the preceding month unless this deadline falls on a weekend or legal holiday, when filings are accepted until 5:00 pm on the preceding workday. ARC

14 Oregon Administrative Rules Oregon Department of Fish and Wildlife Exhibit A Page 2 of 6 sturgeon. Stat. Auth.; ORS , & Stets. Implemented: ORS & 507,030 Columbia River Recreational and Commercial Fisheries Management Strategies (New Rule) Organization of Rules These rules (OAR through ) establish the Commission's policy for the non-tribal Columbia River Recreational and Commercial Fisheries Management Framework. Stat. Auth,: ORS , & Stets. Implemented: ORS & (New Rule) Guiding Principles for Columbia River fisheries management; (1) Promote the recovery of ESA-listed species and the conservation of wild stocks of salmon, steelhead, and sturgeon in the Columbia River. (2) Continue leadership on fish recovery actions, including improved fish survival through the federal Columbia River hydropower system, improved habitat conditions in the tributaries and estuary, hatchery reform, reduced predation by fish, birds, and marine mammals, and harvest management that meets conservation responsibilities. (3) Continue to meet terms of U.S, v_ Oregon management agreements with Columbia River Treaty Tribes. (4) In a manner that is consistent with conservation and does not impair the resource, seek to enhance the overall economic well-being and stability of Columbia River fisheries in Oregon. (5) For steelhead, salmon and sturgeon, prioritize recreational fisheries in the mainstem and commercial fisheries in of channel areas of the lower Columbia River. Toward this end: a) Assign mainstem recreational fisheries a sufficient share of ESA-impacts and harvestable surplus to enhance current fishing opportunity and economic benefit. b) Assign commercial fisheries a sufficient share of the ESA-impacts and harvestable surplus to effectively harvest fish in off-channel areas and harvest surplus fish with selective techniques in the mainstem Columbia River. (6) Phase out the use of non-selective gill nets in non-tribal commercial fisheries in the mainstem Columbia River. Transition gilt net use to off-channel areas, (7) Enhance the economic benefits of off-channel commercial fisheries, in a manner consistent with conservation and wild stock recovery objectives_ enhancements include: (a) Providing additional hatchery fish for release in off-channel areas by shifting currently available production, and where possible providing new production for release in off-channel areas, emphasizing complementary conservation benefits in tributaries. (b) Expanding existing seasons and boundaries in off-channel areas and/or establishing new off-channel areas, allowing increased harvest in areas where the likelihood of impacting ESA-listed stocks is lower than the mainstem. (8) Develop and 'implement selective-fishing gear and techniques for commercial mainstem fisheries to optimize conservation and economic benefits consistent with mainstem recreational objectives, combined with incentives to commercial fishers to expand thedevelopment and implementation of these gear and techniques. (9) Maintain consistent and concurrent policies between Oregon and Washington related to management of nontribal Columbia River fisheries, to ensure orderly fisheries as well as the sharing of investments and benefits, (10) To maximize economic return, develop a program that seeks to implement Marine Stewardship Council or other certification of commercial salmon and sturgeon fisheries in the Columbia River as sustainably managed fisheries. Stat. Auth,: ORS , & Stats. Implemented; ORS &

15 Oregon Administrative Rules Oregon Department of Fish and Wildlife Exhibit A Page 3 of (New Rule) Department staff shall manage fisheries consistent with the guiding principles and the allocation framework and provisions in OAR through Stet. Auth.: ORS , & Stets. Implemented: ORS & (New Rule) Spring Chinook (1) Transition Period ( ). (a) In 2013, assign 65%, then 70% of the ESA-impact for upriver spring Chinook stocks to mainstem recreational fisheries. (b) In 2013, assign 35%, then 30% to off-channel and mainstem commercial fisheries. (2) Long Term (2017 and Beyond). (a) Assign 80% of the ESA-impact to mainstem recreational fisheries. (b) Assign 20% to commercial fisheries. Stat. Auth.: ORS 496_138, & Stets. Implemented: ORS & (New Rule) Summer Chinook (1) Transition Period ( ). (a) In , assign 60%, then 70% of the harvestable surplus available for use downstream from Priest Rapids Dam to mainstem recreational fisheries. (b) In , assign 40%, then 30% to off-channel and mainstem commercial fisheries. (2) Long Term (2017 and Beyond). Stat. Auth.: ORS , & Stats. Implemented: ORS & (New Rule) Sockeye (1) Transition Period ( ). (a) Assign 70% of the ESA-impact for Snake River sockeye to mainstem recreational fisheries. (b) Assign 30% to mainstem commercial fisheries for incidental harvest of sockeye in Chinook-directed fisheries. (2) Long Term (2017 and Beyond). (a) Assign approximately 80% of the ESA-impact for Snake River sockeye to mainstem recreational fisheries. (b) Assign'the remaining balance to commercial fisheries for incidental harvest of sockeye in Chinook-directed fisheries. stat. Auth.:. ORS , 496,146 & 506,119 Stets. Implemented: ORS & 506, (New Rule) Tule Fall Chinook (1) Transition Period ( )_ (a) Assign no more than 70% of the ESA-impact for lower Columbia River Tule fall Chinook to mainstem recreational fisheries. (b) Assign not less than 30% to off-channel commercial fisheries, mainstem commercial fisheries that target Upriver Bright and Lower River Hatchery Fall Chinook. (2) Long Term (2017 and Beyond). (a) Assign no more than 80% of the ESA-impact for lower Columbia River Tule Fall Chinook to mainstem

16 1=r Oregon Administrative RuIe5 Oregon Department of Fish and Wildlife Exhibit A Page 4 of 6 recreational fisheries. (b) Assign not fess than 20% to off-channel commercial fisheries and mainstem commercial fisheries that target Upriver Bright and Lower River Hatchery Fall Chinook and hatchery coho. Stat. Auth.; ORS 496_138, & Stats. Implemented: ORS 506,109 & (New Rule) Upriver Bright Fall Chinook (1) Transition Period ( ). (a) Assign no more than 70% of the ESA-impact for Snake River Wild Fall Chinook to mainstem recreational fisheries. (b) Assign not less than 30% to off-channel and mainstem commercial fisheries. Provide additional mainstem commercial harvest when recreational fishery objectives (OAR ) are expected to be met. (2) Long Term (2017 and Beyond). (a) Assign no more than 80% of the ESA-impact for Snake River Wild Fall Chinook to mainstem recreational fisheries. (b) Assign not less than 20% to off-channel and mainstem commercial fisheries. Provide additional mainstem commercial harvest when recreational fishery objectives (OAR ) are expected to be met. Stat. Auth.: ORS , & Stats. Implemented: ORS 506,109 & (New Rule) Coho (1) Transition Period ( ). (a) Assign commercial fisheries a sufficient share of the ESA-impact for Lower Columbia Natural coho to Implement off-channel coho and fall Chinook fisheries and mainstem fall Chinook fisheries. (b) Assign the remaining balance to in-river mainstem recreational fisheries. If these fisheries are expected to be unable to use all of the ESA-impact for Lower Columbia Natural cohop assign the remainder to mainstem commercial coho fisheries. (2) Long Term (2017 and Beyond). (a) Assign commercial fisheries a sufficient share of the ESA-impact for Lower Columbia Natural coho to implement off-channel coho and fall Chinook fisheries and mainstem fall Chinook and hatchery coho fisheries. (b) Assign the balance to in-river mainstem recreational fisheries. If these fisheries are unable to use all of the ESA-impact for Lower Columbia Natural coho, assign the remainder to mainstem commercial coho fisheries. Stet. Auth_: ORS , & Stats, Implemented: ORS & (New Rule) Chum (1) Transition Period ( ). - (a) Assign commercial fisheries a sufficient share of the ESA-impact for chum to implement off-channel and mainstem fisheries targeting other salmon species. (b) Prohibit the retention of chum salmon in recreational and commercial fisheries. (2) Long Term (2017 and Beyond). (a) Assign commercial fisheries a sufficient share of the ESA-impact for chum to implement off-channel and maihstem fisheries targeting other salmon species. (b) Prohibit. the retention of chum salmon in recreational and commercial fisheries Stat. Auth.: ORS , & Stats. Implemented: ORS &

17 Oregon Administrative Rules Oregon Department of Fish and Wildlife Exhibit A Page 5 of (New Rule) White Sturgeon.(1) Transition Period ( ). (a) In years when retention is allowed, allocate 90% of the harvestable surplus downstream from Bonneville Dam for use in non-tribal fisheries and hold 10% in reserve as an additional conservation buffer above the maximum harvest rate allowed in Oregon's white sturgeon conservation plan. (b) Assign 80% of the white sturgeon available for harvest to the recreational fishery. (c) Assign 20% to off-channel and mainstem commercial fisheries, (2) Long Term (2017 and Beyond). (a) in years when retention is allowed, allocate 90% of the harvestable surplus downstream from Bonneville Dam for use in non-tribal fisheries and hold 10% in reserve as en additional conservation buffer above the maximum harvest rate allowed in Oregon's white sturgeon conservation plan. (b) Assign 80% of the white sturgeon available for harvest to the recreational fishery. (c) Assign the balance (20%) to off-channel and rnainstem commercial fisheries. Stat. Auth.: ORS , & Stats. Implemented: ORS & (New Rule) Additional Commercial Opportunity Additional opportunity for mainstem commercial fisheries shall be provided: (1) If recreational fisheries are predicted to be unable to use their allocated impacts; (2) If established objectives for mainstem recreational fisheries are predicted to be met; or (3) If needed to remove lower river hatchery tule Chinook and coho using selective techniques to meet conservation objectives. Stat. Auth.: ORS , & Stets. Implemented: ORS & Miscellaneous Columbia River Management Provisions (New Rule) Fail Recreational Fishery Objectives Within limitations described in OAR thru OAR , fall recreational fishery objectives include: (1) Buoy 10 to Tongue Point. The recreational fishing objective for Buoy 10 is defined as a season beginning August 1 and continuing through Labor Day (34 days; assuming Labor Day is September 3). (2) Tongue Point to Warrior Rock. The recreational fishing objective for the area from Tongue Point upstream to Warrior Rock is defined as a season beginning August 1 and continuing through September 7 as non-mark selective with an additional week of mark selective fishing during September 8-14 (45 days). (3) Warrior Rock to Bonneville Dam. The recreational fishing objective for the area from Warrior Rock upstream to Bonneville Dam is defined as a season beginning August 1 and continuing through October 31 when the season is assumed to be essentially complete (92 days). Stat. Auth.: ORS , & Stats. Implemented: ORS & (New Rule) Adaptive Management. (1) The Department shall use adaptive management principles within its statutory authority in support of achieving the expectations outlined in the guiding principles of this plan. (2) The Commission will monitor implementation of the plan with an initial review in 2014 and undertake a

18 Oregon Administrative Rules Oregon Department of Fish and Wildlife Exhibit A Page 6 of 6 comprehensive review at the end of the transition period. If the guiding principles are not being met, efforts will be made to determine why and the Commission will direct the Department to identify end evaluate alternative or additional management actions necessary to meet the principles. Stat. Auth.: ORS 498_ & 606,119 Stmts. Implemented: ORS &

19 Exhibit B Page 1 of 4 Fiscal and Economic Impact Statement for The December 7, 2012 Hearing In the Matter of Rules Relating to Columbia River Fishery Management for 2013 and Beyond Fiscal and economic impact: The Columbia River Fishery Management Workgroup has been convened to develop recommendations for management strategies for Columbia River recreational and commercial fisheries for 2013 and beyond. The approach to developing and implementing an alternative management framework for non-tribal Columbia River recreational and commercial fisheries incorporates concepts in Oregon Governor Kitzhaber's proposal as well as additional details developed by Oregon and Washington staff and refined through the deliberative process conducted by the Columbia River Fishery Management Workgroup. The final approach will be determined by the respective Fish and Wildlife Commissions in Oregon and Washington. To avoid significant economic harm to the non-tribal commercial fishery, the approach to phasing out the use of gill nets in mainstem Columbia River commercial fisheries would include a transition period ( ) as well as additional efforts to enhance salmon returns to off-channel areas. After this transition period, only selective gear will be permitted for commercial use in the Columbia River mainstem, but gill nets would continue to be permitted in off-channel areas. A fixed framework would be used to assign shares of ESA-impacts and harvestable surplus to each of the Columbia River non-tribal fisheries (Spring Chinook, Summer Chinook, Sockeye, Tule Fall Chinook, Upriver Bright Fall Chinook, Coho, Chum, and White Sturgeon) for both the transition period and for the years beyond Details and a preliminary impact analysis can be found in the draft plan, which itself is a work in progress and, as a result, those details and analysis are subject to change as the process moves forward. The proposed rules will affect state agencies, units of local government and the public, respectively, as discussed below. A. The state agency that could be most affected by adoption of these rules is the Oregon Department of Fish and Wildlife (ODFW). Under these proposed rules, Oregon State Police (OSP) would not likely experience significant change in total enforcement effort and thus no significant additional costs would be anticipated. The expected fiscal impacts to ODFW are the following: 1. There would be additional costs associated with the enhancement of select or off-channel areas on the Lower Columbia River. In the biennium, enhancements of off-channel areas will focus on: Acclimating re-located spring Chinook and coho and rearing new Select Area Bright fall Chinook for release at existing off-channel sites. Evaluating the feasibility of providing more fishing time to commercially harvest salmon at existing off-channel sites. Evaluating the feasibility of expanding the fishable area of existing off-channel sites. Evaluating up to three new off-channel sites to determine their potential to produce meaningful numbers of fish for commercial harvest (evaluations to be completed in spring 2015). The estimated expenditures range between $2,850,000 and $5,260,000, depending on the options selected by the Commission.

20 Exhibit B Page 2 of 4 2. Commercial salmon landings would likely be impacted by the plan. This preliminary analysis assesses differing scenarios based on the species, the fishery location (mainstem, off-channel areas), and the time of the year the fisheries take place. The analysis evaluates the effects of changing the shares of ESA-impacts and harvestable surplus assigned to commercial and recreational fisheries from the "current" levels to "transition period" levels ( ) and to longer term levels ( ). Table 1 presents the modeled results for annual ex-vessel value of the commercial non-tribal harvest of Columbia River salmon for the three different time periods considered. These results are drawn from Table C.5 in the draft plan. Relative to Current conditions, these modeled results show that annual ex-vessel value of all commercial inriver salmon landings would be between $198,000 and $1.1 million higher during the transition period. For the years modeled in the "long-term" period, it is estimated that exvessel value would be between $552,000 and $840,000 compared to the current value. This preliminary analysis assumes that, in the future, salmon returns would be similar to current levels. It also assumes species-specific prices ($/lb) would remain similar to current levels. Fluctuations in fish returns and prices are common (though hard to forecast) and could materially affect the results. These changes in value of these ex-vessel landings would result in increases to the Ad Valorum (AV) (3.15% of salmon landings value) revenue collected by ODFW from the Columbia River commercial salmon fishery. For the transition period, the estimated rise in AV revenue ranges between $6,000 and $34,000 above the current level of about $114,000. For the long-term period, the AV increases would range between $23,000 and $26,000 relative to the current conditions. These changes in AV revenue would not exert a significant fiscal impact on ODFW operations. In a similar vein, there would be small changes to the revenues flowing to the Restoration and Enhancement Program from a surcharge on commercial salmon landings ($0.05/pound) and no significant impact would be expected. Note that impacts on the commercial fisheries for white sturgeon, shad, and smelt in the Columbia River are not included in this analysis, though they represent a small portion of the overall value of the Columbia River commercial fisheries and would not be expected to substantively affect the results of the analysis. Table 1. Ex-vessel value and local personal income impacts of inriver commercial harvest of Columbia River salmon under current conditions and alternate management scenarios. Ex-vessel Value Difference from Local Personal Difference from (modeled) Current Income Impacts Current Transition Longterm Current $3,633,254 $6,830, $3,831,422 $198,168 $7,203,073 $372, $4,119,764 $486,510 $7,745,156 $914, $4,217,507 $584,253 $7,928,913 $1,098, $4,714,810 $1,081,556 $8,863,843 $2,033, $4,185,556 $552,302 $7,868,845 $1,038, $4,370,121 $736,867 $8,215,827 $1,385, $4,434,159 $800,905 $8,336,219 $1,505, $4,470,617 $837,363 $8,404,760 $1,574, $4,472,823 $839,569 $8,408,907 $1,578,390 Page 2 of 4

21 Exhibit B Page 3 of 4 3. It is unlikely that significant changes in the number of gillnet permit renewals, commercial fishing licenses purchased, and fishing boat licenses purchased would result from the proposed rules. Therefore, no significant changes in revenues related to those sales would be anticipated. B. Units of local government could be affected by these rules. Changes in the number of commercial and recreational trips could result from the proposed rules and could mean changes in parking fee and moorage fee revenues charged by the Port Authorities and other local governments. Those changes cannot be estimated given the limited available data, though no significant changes from the current levels of any local agencies' operations or expenditures would be expected to result from the adoption of these rules. C. The public could be affected by the adoption of these rules. Commercial salmon landings can benefit both commercial fishermen and the local communities where the landings are made. As can be seen in Table 1, the annual ex-vessel value of commercial Columbia River salmon landings are estimated to increase by between 5% and 30% in the transition period, compared to the current period. Longer-term, it is estimated that the ex-vessel value could range from 20% to 23% increase from current levels. These impacts would not necessarily be distributed equally across the commercial in-river salmon fishing fleet, as cost structures and other factors vary from boat to boat. According to the PFMC' s 2011 Review of Ocean Salmon, local personal income impacts of the in-river commercial salmon fishery on Oregon Columbia River communities has averaged about $5.2 million over (in Table 1V-19). This equates to an average multiplier of about 1.88 with respect to the ex-vessel value of the fishery. Combining that multiplier with the estimated ex-vessel values in Table 1, it is estimated that, relative to the current levels, annual local personal income would be approximately $373,000 to $2.1 million higher during the transition period, $1.0 to $1.6 million higher during the period. Economic impacts related to the commercial fisheries for white sturgeon, shad, and smelt are not included in this analysis. An important portion of the local economic impacts relate to the wholesale dealers and processors who process and retail the commercially landed salmon. Given that more fish landed and greater ex-vessel values are forecast for the commercial non-tribal Columbia River fisheries for both the transition period and the longer term, no adverse impacts to the local dealer/processor businesses would be expected if this plan were adopted. A central part of the proposed plan is to transfer portions of the commercial allocation in the mainstem Columbia River to recreational interests in a phased way. With potentially more fish available to recreational anglers in the mainstem in the transition and long-term periods, it is forecasted that the number of angler trips would increase in response. Appendix C of the draft plan reports the forecast change in angler trips. Relative to current conditions, it is forecast that there would 45,061 and 67,280 more angler trips per year in the transition period and longer term, respectively. Economic impacts are associated with angler trips because the anglers will spend money on gas, food, lodging, guides, etc. during their trips (i.e., trip-related expenditures). Expenditures on equipment are not included because anglers would not likely increase spending on fishing equipment in response to fishing a small number of additional days. A portion of the angler triprelated expenditures would be recirculated through the local economies where it was spent Page 3 of 4

22 Exhibit B Page 4 of 4 (multiplier effect). We use an average for expenditures per angler trip derived from Oregonspecific estimates in the 2011 U.S. Fish and Wildlife Survey state overview -- $63/trip. We use an average for the personal income impact from angler expenditures drawn from PFMC's 2011 Review of Ocean Salmon -- $40/trip. These values are somewhat lower than those found in Gentner and Steinback (2006) and therefore could be considered conservative. Table 2 presents the estimated changes in expenditures and local personal income impacts associated with increased angler trips forecast under the alternative management scenarios of the draft plan. Compared to the current conditions, the total annual economic impacts are estimated to be increases of about $4.6 million and $6.9 million during the transition period and the longterm, respectively. Table 2. The estimated number of recreational angler trips, annual change in angler expenditures, and annual change in local personal income impact under current conditions and alternate management scenarios. Forecast Annual # Angler increase in change in trips angler trips angler (#) expenditures Annual change in personal income Impact Total Current 350,362 Transition 395,423 45,061 $2,838,843 $1,802,440 $4,641,283 Long Term 417,642 67,280 $4,238,640 $2,691,200 $6,929,840 The plan is written to be fully compatible with legislative direction on the goals of fish and wildlife management in Oregon. Virtually all businesses potentially affected by these rules are believed to be "small business" and the effect of the rules on each business does not depend on whether they are a small business. We do not believe that a less intrusive or less costly alternative adaptation to only small business is consistent with the purpose of the rule. References Enhancement of Off-Channel Areas for Commercial Fisheries. Policy Option Package. ODFW Budget. Gentner, Brad and Scott Steinback, The Economic Contribution of Marine Angler Expenditures in the United States, NOAA Fisheries, Technical Memorandum NMFS-F/SPO-94. December Management Strategies for Columbia River Recreational and Commercial Fisheries: 2013 and Beyond. Draft of November 9, Oregon Department of Fish and Wildlife. Salem, Oregon. Review of 2011 Ocean Salmon Fisheries. Pacific Fisheries Management Council. February National Survey of Fishing, Hunting, and Wildlife-Associated Recreation: State Overview. Preliminary Estimates. U.S. Fish and Wildlife. Issued September Page 4 of 4

23 Page 1 of 40 Management Strategies for Columbia River Recreational and Commercial Fisheries: 2013 and Beyond Recommendation of the Columbia River Fishery Management Workgroup to the Fish and Wildlife Commissions of Oregon and Washington November 21, 2012 Background Columbia River recreational and commercial fisheries are a vital part of the social and economic fabric of Oregon and Washington, providing valuable jobs and economic vitality to rural and urban communities. Optimizing the economic value of both these fisheries within a conservation-based framework that assists recovery of Columbia and Snake River fish species currently listed under the federal Endangered Species Act (ESA) is a management priority. Thirteen species of salmon and steelhead are currently listed under the ESA in the Columbia River basin. Limits on the allowable incidental-take of these species (ESAimpacts) significantly constrain access by recreational, commercial and tribal fisheries to hatchery stocks and healthy wild fish runs. There have been a series of adjustments made to commercial and recreational fisheries, including development of additional selective fisheries, to meet conservation responsibilities and provide harvest opportunities. However, perennial conflicts occur between recreational and commercial fishers over how best to manage non-tribal fisheries under these constraints. Conflicts also exist over the use of gill nets in non-tribal mainstem commercial fisheries. These conflicts divide stakeholders and communities and detract from a unified effort to recover fish runs. In this context, further development of fishery strategies is needed to meet the needs of the recreational and commercial fisheries. As mentioned above, a current strategy for managing non-tribal fisheries consistent with efforts to recover ESA-listed salmon and steelhead and conserve white sturgeon is to make them more selective, i.e. deploy gears and techniques and use time and area closures to minimize the catch and/or allow the safe release of imperiled wild fish. Although this strategy is presently used for some fisheries, there are opportunities to expand its use. This strategy also lessens the degree in which limits on the allowable incidental-take of ESA-listed fish species constrain access by fisheries to hatchery stocks and healthy wild fish runs. What follows is a description of the key elements of an alternative management framework for non-tribal Columbia River recreational and commercial fisheries. The framework is intended to enhance the economies of Oregon and Washington as a whole, ensure the long-term viability of recreational and commercial fisheries and those communities that rely on them, and contribute to fish conservation and recovery. The elements of the framework constitute a comprehensive and cohesive package and are comprised of progressive actions necessary to achieve the desired outcomes. Consequently, the framework should be considered in its entirety when implementing fisheries in the near- and long-terms. 1

24 Page 2 of 40 Guiding Principles 1. Promote the recovery of ESA-listed species and the conservation of wild stocks of salmon, steelhead, and sturgeon in the Columbia River. 2. Continue leadership on fish recovery actions, including improved fish survival through the federal Columbia River hydropower system, improved habitat conditions in the tributaries and estuary, hatchery reform, reduced predation by fish, birds, and marine mammals, and harvest management that meet conservation responsibilities. 3. Continue to meet terms of U.S. v. Oregon management agreements with Columbia River Treaty Tribes. 4. In a manner that is consistent with conservation and does not impair the resource, seek to enhance the overall economic well-being and stability of Columbia River fisheries in Oregon and Washington. 5. For steelhead, salmon and sturgeon, prioritize recreational fisheries in the mainstem and commercial fisheries in off-channel areas of the lower Columbia River. Toward this end: a) Assign mainstem recreational fisheries a sufficient share of ESA-impacts and harvestable surplus to enhance current fishing opportunity and economic benefit. b) Assign commercial fisheries a sufficient share of the ESA-impacts and harvestable surplus to effectively harvest fish in off-channel areas and harvest surplus fish with selective techniques in the mainstem Columbia River. 6. Phase out the use of non-selective gill nets in non-tribal commercial fisheries in the mainstem Columbia River. Transition gill net use to off-channel areas. 7. Enhance the economic benefits of off-channel commercial fisheries, in a manner consistent with conservation and wild stock recovery objectives. Enhancements should include: a. Providing additional hatchery fish for release in off-channel areas by shifting currently available production, and where possible providing new production for release in off-channel areas, emphasizing complementary conservation benefits in tributaries. b. Expanding existing seasons and boundaries in off-channel areas and/or establishing new off-channel areas, allowing increased harvest in areas where the likelihood of impacting ESA-listed stocks is lower than the mainstem. 8. Develop and implement selective-fishing gear and techniques for commercial mainstem fisheries to optimize conservation and economic benefits consistent with mainstem recreational objectives. Provide incentives to commercial fishers to expand the development and implementation of these gear and techniques. 9. Maintain consistent and concurrent policies between Oregon and Washington related to management of non-tribal Columbia River fisheries, to ensure orderly fisheries as well as the sharing of investments and benefits. 2

25 Page 3 of To maximize economic return, develop a program that seeks to implement Marine Stewardship Council or other certification of commercial salmon and sturgeon fisheries in the Columbia River as sustainably managed fisheries. Approach The approach to developing and implementing an alternative management framework for non-tribal Columbia River recreational and commercial fisheries described below incorporates concepts in Oregon Governor Kitzhaber's proposal (as described in letters to the Oregon Fish and Wildlife Commission dated August 9 and August 14, 2012 and in a document released on September 20, 2012 in response to questions by various stakeholders). It also incorporates additional details developed by Oregon and Washington staff and refined through the deliberative process conducted by the Columbia River Fishery Management Workgroup (Workgroup). These Workgroup recommendations are designed to inform policy decisions and rule-making by the respective Fish and Wildlife Commissions in Oregon and Washington. Appendix A summarizes the approach in tabular form. To avoid significant economic harm to the commercial fishery, the approach to phasing out the use of non-selective gill nets in mainstem Columbia River non-tribal commercial fisheries would include a transition period. The intent is to complete the transition by the end of 2016, although the period may be extended by one year if circumstances warrant it. During this period, the use of gill nets would be allowed in the mainstem as evaluation of alternative gear continues, strategies to further access harvestable surplus in the mainstem are developed, and additional hatchery fish are released in off-channel areas. To help lessen economic impacts on commercial fisheries during the transition, only a partial shift toward a higher mainstem priority for recreational fisheries would occur. The transition period would span the time needed for returns on new investments in off-channel areas, for evaluation and implementation of alternative selective fishing methods, and for evaluation of economic objectives for commercial fisheries under the alternative management framework. This period would also provide opportunities to secure political support and additional resources (i.e., money, infrastructure, and fish) and adopt statutes necessary for the long-term implementation of this management framework. 1. Transition period ( ) a. A fixed framework would be used to assign shares of ESA-impacts and harvestable surplus to each of the Columbia River non-tribal fisheries, except as specified below. Within this framework, shares would be assigned to each nontribal fishery as follows: 1) Spring Chinook: Assign 70% of the ESA-impact for upriver spring Chinook stocks to mainstem recreational fisheries (current share is 60% under "base case"). Assign the balance (30%1) to off-channel and mainstem commercial fisheries. 1 Current allocation of the ESA-impacts is 60% to mainstem recreational fisheries and 35% to commercial fisheries. The remaining 5% of the impact is unallocated (set aside) because of current policy differences between the Oregon and Washington Fish and Wildlife Commissions. Because this 5% set-aside does not represent a policy choice for additional conservation by either Commission, policy options in this management framework would allocate 100% of the ESA impact available to non-tribal fisheries. 3

26 Page 4 of 40 2) Summer Chinook: Through 2014, assign 60% of the harvestable surplus available for use downstream from Priest Rapids Dam to mainstem recreational fisheries (current share is 50%). Assign the balance (40%) to mainstem commercial fisheries. Beginning and for the remainder of the transition period, increase the recreational fisheries share of the harvestable surplus to 70% and assign commercial fisheries the balance (30%). 3) Sockeye: Assign 70% of the ESA-impact for Snake River sockeye to mainstem recreational fisheries (current share is 50%). Assign the balance (30%) to mainstem commercial fisheries for incidental harvest of sockeye in Chinook-directed fisheries. If NOAA Fisheries increases the allowable ESAimpact for Snake River sockeye, provide opportunities for increased commercial harvest using selective gear if developed and practical. 4) Tule Fall Chinook: Assign no more than 70% of the ESA-impact for lower Columbia River tule fall Chinook to mainstem recreational fisheries to meet management objectives (Appendix B3; current share is approximately 50%). Assign the balance (not less than 30%) to off-channel commercial fisheries, mainstem commercial fisheries that target Upriver Bright fall Chinook, and, if selective gear is developed during the transition period, mainstem commercial fisheries that harvest Washington Lower River Hatchery Chinook to help reduce strays, consistent with the Washington Commission Hatchery and Fishery Reform Policy. Modeling results (Appendix C) indicate that on average about 65% of the ESA-impact for tule Chinook may be needed to meet reasonable recreational fisheries objectives and that the remainder (35%) may be sufficient to avoid significant overall economic loss for commercial fisheries during the transition and provide mainstem alternative gear fisheries to remove hatchery Chinook and coho. 5) Upriver Bright Fall Chinook: Assign no more than 70% of the ESA-impact for Snake River Wild fall Chinook to mainstem recreational fisheries to meet management objectives (current share is approximately 50%). Assign the balance (not less than 30%) to off-channel and mainstem commercial fisheries. Establish reasonable recreational fisheries objectives that reflect a modest increase in the priority for mainstem recreational fisheries (Appendix B3). As per 1 c (below), provide additional mainstem commercial harvest when recreational fishery objectives are expected to be met. The focus of mainstem commercial fisheries would be to harvest Upriver Bright fall Chinook in the area upstream of the Lewis River where the incidental take of lower river tule fall Chinook is reduced and in the area downstream from the Lewis River as alternative selective gear is developed. At the large run sizes that have recently occurred, it is anticipated that over half of the lower river is when adult Select Area Bright fall Chinook will begin returning from 2013 off-channel enhancements. 3 Recreational fisheries objectives would be: Buoy 10 season August 1-Labor Day; Tongue Point to Warrior Rock season August 1-September 7 as non-mark selective and September 8-14 as mark selective and Warrior Rock to Bonneville Dam season August 1-October 31 when the season is assumed to be essentially complete. 4

27 Page 5 of 40 harvestable surplus of Upriver Bright fall Chinook (Appendix C) would be allocated to mainstem commercial fisheries under this scenario. 6) Cohn: Assign commercial fisheries a sufficient share of the ESA-impact for Lower Columbia Natural coho to implement off-channel coho and fall Chinook fisheries and mainstem fall Chinook fisheries. Assign the balance to in-river mainstem recreational fisheries (currently in-river mainstem recreational fisheries are assigned a sufficient share of the allowable incidental-take of ESA-listed echo to meet fishery objectives). If these fisheries are expected to be unable to use all of the ESA-impact for Lower Columbia Natural coho, assign the remainder to mainstem commercial coho fisheries. As selective techniques and alternative gear are developed, additional commercial mainstem coho fisheries would be provided with an emphasis on harvesting hatchery coho in October when wild coho are less abundant. 7) Chum: Continue practice of no target chum fisheries. Assign commercial fisheries a sufficient share of the ESA-impact for chum to implement offchannel and mainstem fisheries targeting other salmon species (retention in recreational fisheries is currently prohibited). 8) White Sturgeon: Allocate 90% of the harvestable surplus for use in non-tribal fisheries and hold 10% in reserve as an additional conservation buffer above the maximum harvest rate allowed in Oregon's white sturgeon conservation plan4. Assign 80% of the white sturgeon available for harvest to the recreational fishery (current share is 80%). Assign the balance (20%) to offchannel and mainstem commercial fisheries. b. Alternative selective gear would be used for the non-tribal mainstem commercial fisheries referenced above (Section 1 a). If alternative selective gear is not available and practical, based on administrative, biological or economic factors, the use of gill nets in these fisheries would be allowed during the transition period. For fall fisheries, pilot commercial fisheries with alternative selective gear would be initiated in 2013, if appropriate authority is acquired, with a target of full implementation no later than The development and implementation of alternative selective gear such as purse seines and beach seines would provide area-specific opportunity to target fishery harvests on abundant hatchery stocks, reduce the number of hatchery-origin fish in natural spawning areas, limit mortalities of non-target species and stocks, and provide commercial fishing opportunities. To facilitate the timely development of and transition to alternative gear and techniques, Oregon and Washington would develop incentives for those commercial fishers who choose to use these gear and techniques. c. Under the following conditions, opportunities for additional mainstem commercial fishing would be provided during the transition period using alternative selective gear, or gill nets if alternative selective gear is not available and practical. This approach would be expected to provide substantive additional mainstem 4 As per lg below, the Commissions would initiate rule making to consider non-retention regulations for recreational and commercial fisheries for sturgeon if the forecasted decline in the abundance of legal-sized sturgeon for 2012 holds true. 5

28 Page 6 of 40 commercial fishing opportunities during the interim for Upriver Bright fall Chinook. 1) If mainstem recreational fisheries are predicted to be unable to fully use their shares of ESA-impacts or harvestable surplus. 2) If reasonable goals for mainstem recreational fisheries are predicted to be met. d. Several actions would take place during the transition period to enhance harvest levels and opportunities for commercial fisheries in off-channel sites (see Appendix D for details). The proposed increases in artificial production would use locations, species, stocks, and control mechanisms (i.e., weirs, markselective fisheries) in a manner that maintains the ability to meet conservation and recovery objectives for wild stocks. Increasing artificial production would provide the opportunity to offset the loss of commercial fishing opportunities in the mainstem Columbia River for Washington and Oregon commercial fishers. Successful implementation of these programs would require a concerted, coordinated, and sustained effort by the states and stakeholders to secure the necessary funding. 1) Enhanced hatchery production at existing off-channel sites: a) Spring Chinook: The number of juvenile spring Chinook acclimated for release at off-channel sites would be enhanced by approximately 1,000,000 fish annually, including a 250,000 increase by Oregon that began in 2010 (current releases are approximately 1,550,000'). The increase in 2010 was a result of Commission direction in 2008 and adults from those releases began returning in Oregon would acclimate an additional 500,000 juvenile spring Chinook annually for release beginning in Washington would provide 250,000 juvenile spring Chinook for acclimation in 2013, and pursue funding to produce and acclimate these fish long-term. b) Coho: The number of juvenile coho acclimated for release at off-channel sites would be enhanced by approximately 920,000 fish annually, including a 120,000 increase by Oregon that began in 2010 (current releases are approximately 4,170,000). Oregon would acclimate an additional 600,000 juvenile coho annually for release beginning in Washington would acclimate an additional 200,000 juvenile coho annually beginning in c) Select Area Bright Fall Chinook: To offset reductions in mainstem commercial harvest of summer Chinook, Oregon would rear an additional 500,000 juvenile Select Area Bright fall Chinook annually for release at off-channel sites (current releases are approximately 1,450,000). These releases would begin in ) Expanding existing off-channel sites: Oregon would seek funding to evaluate the feasibility of providing more commercial fishing opportunity and more 5 Including 350,000 in Deep River which will be discontinued beginning with the 2013 release because of very poor adult returns and budget shortfalls. 6

29 Page 7 of 40 commercially fishable area at existing off-channel sites. During the transition period, the proportion of overall impacts allocated to off-channel areas may be increased from current levels to complete evaluations and initiate expansions. In the long-term, the proportion of overall impacts allocated to off-channel areas would be expected to be approximately double (20%) what it is now (10%) in order to accommodate expanded and new sites. 3) New off-channel sites: Oregon and Washington would seek funding to evaluate the feasibility of establishing new off-channel sites consistent with the expected long-term allocation of impacts described above. e. Oregon and Washington would begin development in 2013 of a program to buyback non-tribal gill net permits for the Columbia River and implement as soon as the appropriate authority and financing is secured. Efforts would be made to also develop, evaluate, and implement other tools to reduce the number of gillnet permits in a manner consistent with the principles of this plan. f. Reporting requirements for lost and derelict commercial fishing nets would be consistent between Oregon and Washington, and would align with the current policy in Washington. g. The Commissions would initiate rule making to consider non-retention regulations for recreational and commercial fisheries for sturgeon if the forecasted decline in the abundance of legal-sized sturgeon for 2012 holds true. h. The Commissions would consider additional measures to enhance management and reduce ecological risks from fisheries (e.g., barbless hooks, guide log books) (Appendix E). i. Using the model results in Appendix C, the ex-vessel value for commercial fisheries (mainstem plus off-channel) during the transition period would increase by about $198,000 (5%) in 2013 and to about $1.1 million (30%) in For recreational fisheries, the number of angler trips would be anticipated to increase by approximately 13%. 2. Long Term (2017 and Beyond) a. A fixed framework would be used to assign shares of ESA-impacts and harvestable surplus to each of the Columbia River non-tribal fisheries, except as specified below. The shares assigned to off-channel commercial fisheries would be secured by holding them harmless from pre-season buffers. This would assist fish recovery by reducing the opportunity for hatchery fish to stray into lower Columbia River tributaries and will maximize the economic value of the harvest. Within this framework, shares would be assigned to each non-tribal fishery as follows: 1) Spring Chinook: Assign 80% of the ESA-impact to mainstem recreational fisheries to meet management objectives and the balance (20%) to commercial fisheries. 2) Summer Chinook: Assign the harvestable surplus, in excess of that needed for off-channel commercial fisheries targeting late-returning spring Chinook and early-returning Select Area Bright fall Chinook (-2%), to recreational fisheries. 7

30 Page 8 of 40 3) Sockeye: Assign approximately 80% of the ESA-impact for Snake River sockeye to mainstem recreational fisheries to meet management objectives and the balance (approximately 20%) to mainstem commercial fisheries for incidental harvest of sockeye in Chinook-directed fisheries. If NOAA Fisheries increases the allowable take of ESA-listed Snake River sockeye, provide for increased commercial harvest using selective gear if developed and practical. 4) Tule Fall Chinook: Assign no more than 80% of the ESA-impact for lower Columbia River tule fall Chinook to mainstem recreational fisheries to meet management objectives (Appendix B6). Assign the balance (not less than 20%) to off-channel commercial fisheries, mainstem commercial fisheries that target Upriver Bright fall Chinook, and mainstem commercial fisheries that harvest Washington Lower River Hatchery Chinook with selective gear to help reduce strays, consistent with the Washington Commission Hatchery and Fishery Reform Policy. Modeling results (Appendix C) indicate that on average about 65% of the ESA-impact for tule Chinook may be needed to meet reasonable recreational fisheries objectives and that the remainder (35%) may be sufficient to accommodate the conservation objective of removing Lower River Hatchery Chinook and hatchery coho from the mainstem and to provide reasonable access to upriver bright fall Chinook. 5) Upriver Bright Fall Chinook: Assign no more than 80% of the ESA-impact for Snake River Wild fall Chinook to mainstem recreational fisheries to meet management objectives (Appendix B7). Assign the balance (not less than 20%) to off-channel and mainstem commercial fisheries. The focus of mainstem commercial fisheries would be to target Upriver Bright fall Chinook in the area upstream of the Lewis River where the incidental take of lower river tule Chinook is reduced' and to harvest Upriver Bright fall Chinook in the area downstream from the Lewis River in selective fisheries that target Washington Lower River Hatchery Chinook and coho. At the large run sizes that have recently occurred, it is anticipated that over half of the lower river harvestable surplus of Upriver Bright fall Chinook (Appendix C) would be allocated to mainstem commercial fisheries under this scenario. 6) Coho: Assign commercial fisheries a sufficient share of the ESA-impact for Lower Columbia Natural coho to implement off-channel coho and fall Chinook fisheries and mainstem fall Chinook fisheries. Assign the balance to in-river mainstem recreational fisheries. If these fisheries are unable to use 6 Recreational fisheries objectives would be: Buoy 10 season August 1-Labor Day; Tongue Point to Warrior Rock season August 1-September 7 as non-mark selective and September 8-14 as mark selective and Warrior Rock to Bonneville Darn season August 1-October 31 when the season is assumed to be essentially complete. As per 2b below, the presumptive (expected) path forward regarding targeted commercial harvest of Upriver Bright fall Chinook upstream of the Lewis River would be to access available Chinook with alternative gear and techniques. Because access to Upriver Bright fall Chinook would be critically important to ensuring the long-term economic viability of commercial fishers, adaptive management would be used to ensure alternative gear and techniques are effective and that commercial fishers continue to have profitable mainstem access to these economically important salmon stocks. 8

31 Page 9 of 40 all of the ESA-impact for Lower Columbia Natural coho, assign the remainder to mainstem commercial coho fisheries. As per 2b (below), it is expected that substantive new selective mainstem commercial fisheries will be available for hatchery coho, particularly in October. 7) Chum: Continue practice of no target chum fisheries. Assign commercial fisheries a sufficient share of the ESA-impact for chum to implement offchannel and mainstem fisheries targeting other salmon species (retention in recreational fisheries is currently prohibited). 8) White Sturgeon: Allocate 90% of the harvestable surplus for use in non-tribal fisheries and hold 10% in reserve as an additional conservation buffer above the maximum harvest rate allowed in Oregon's white sturgeon conservation plan. Assign 80% of the white sturgeon available for harvest to the recreational fishery. Assign the balance (20%) to off-channel and mainstem commercial fisheries. If additional conservation was adopted during the transition period (as per 1.g.), then reassess conservation need prior to shifting back to this harvest sharing framework. b. Non-tribal mainstem commercial fisheries would be restricted to the use of selective gear and fishing techniques. With respect to Upriver Bright fall Chinook, the presumptive (expected) path forward regarding targeted commercial harvest upstream of the Lewis River would be to access these Chinook with alternative gear and techniques. Because access to Upriver Bright fall Chinook would be critically important to ensuring the long-term economic viability of commercial fishers, adaptive management would be used to ensure these gears are effective and that commercial fishers continue to have profitable mainstem access to these economically important salmon stocks. Oregon and Washington would continue to provide commercial fishers incentives developed during the transition period to facilitate and encourage their participation in and innovation of these fisheries. c. As during the transition period, opportunities for additional mainstem commercial fishing may be provided as described below. This approach is expected to provide substantive mainstem commercial opportunities in the long-term for Upriver Bright fall Chinook, lower river hatchery fall Chinook and hatchery coho. 1) If mainstem recreational fisheries are predicted to be unable to fully use their shares of ESA-impacts or harvestable surplus. 2) If reasonable goals for mainstem recreational fisheries are predicted to be met. 3) As needed to remove lower river hatchery tule Chinook and coho consistent with conservation objectives. d. Efforts to enhance economic benefits for off-channel commercial fisheries (see Appendix D for details) would continue, based on available funding, by: 1) Making major capital improvements at existing off-channel sites in Oregon, which would enable the rearing or acclimation of an additional 1,250,000 juvenile spring Chinook, 750,000 juvenile Select Area Bright fall Chinook, and 1,920,000 juvenile coho annually (these numbers include the additional production put in place during the transition period). 9

32 Page 10 of 40 2) Putting in place the infra-structure and fish rearing and acclimation operations necessary to establish new off-channel sites in Oregon and/or Washington, as identified by evaluations completed during the transition period. e. Planned enhancements of salmon and steelhead production upstream from Bonneville Dam may have implications to harvest management contemplated in this plan. For production enhancements that come on-line and/or produce adult salmon on or after 2017, Oregon and Washington staff would collaboratively evaluate the implications of the increased mainstem production on these harvest strategies, including U.S. v. Oregon agreements, and would make additional recommendations to the Commissions as needed. f. Using the model results in Appendix C, the ex-vessel value for commercial fisheries (mainstem plus off-channel) would increase by $550,000 (15%) in 2017 and to about $840,000 (23%) in 2021, assuming all investments to off-channel areas are made and convert to assumed levels of additional harvest by the fleet, and the commercial fishery is able to access their mainstem allocation with selective gear. For recreational fisheries, the number of angler trips would be anticipated to increase by approximately 22%. g Overall conservation benefits associated with implementation of this approach would be positive (Appendix F). Increased conservation would include reduced risk from hatchery strays, slightly increased escapement of some wild populations, increased harvest rate on hatchery salmon, and a reduced nontribal harvest rate of white sturgeon. However, there would also be a modest increase in the risk of hatchery strays in some lower Columbia River tributaries (primarily coho), potential increase in overall wild steelhead handle and mortality, and a very small increase (<1%) in the total number of hatchery smolts utilizing the Columbia River estuary. 3. Adaptive Management The commissions would track implementation and results of the fishery management actions and artificial production programs in the lower Columbia River during the transition period, with an initial review at the end of 2014 and a comprehensive review at the end of the transition period (e.g., 2016). Management of non-tribal fisheries would be adaptive and adjustments may be made to sharing agreements and mainstem fisheries if commercial or recreational fisheries are not achieving expectations outlined in the principles of this plan. If these expectations are not achieved, efforts would be made to determine why and to identify actions necessary to correct course. Correcting course, however, does not mean dismantling the foundations of this alternative management framework or removing its key elements described above. These elements constitute a cohesive package and actions necessary to achieve the desired outcomes. In this context, and with recognition of the prioritization of recreational fisheries in the mainstem of the Columbia River, reconsideration of the sharing agreements and mainstem fisheries may take place under the following circumstances: a, Significantly lower than expected returns of harvestable fish to off-channel sites. b. Insufficient space within off-channel sites to accommodate the commercial fleet. 10

33 Page 11 of 40 c. Significantly lower than expected commercial catches in the mainstem Columbia River using selective gears. d. Biological, fiscal and/or legal circumstances that delay or preclude implementation of alternative gear, buyback of commercial fishing permits, and/or additional off-channel hatchery investments. e. Significantly lower than expected economic benefits to commercial and recreational fishers. f. Conflicts with terms of U.S. v. Oregon management agreements with Columbia River Tribes. g. Failure to meet conservation objectives, e.g. reducing the proportion of hatchery fish on spawning grounds. 4. Enhanced Fishery Management Because the alternative management framework would significantly change the current management of fisheries and because run-size forecasts play a vital role in shaping fisheries, two enhancements would be put in place during the transition period. a. Increase Management Certainty. Implement outreach programs to increase understanding of recreational fishing rules, improved enforcement programs, and enhanced fishery monitoring to improve the accounting of catch and fishing related mortality, increase management certainty, and ensure conservation effectiveness. b. Improve Management Tools. Explore and develop alternative approaches to improve pre-season forecasts of run size and timing, in-season updates of runsize estimates, and in-season estimates of the harvest impacts by fishery. Dedicate additional resources and expertise to this task. 11

34 Page 12 of 40 Appendix A. Tabular Summary of the Presumptive Management Framework for Non-Tribal Mainstem Columbia River Recreational and Commercial Fisheries Overall Management Objectives 1) Meet terms of U.S. v. Oregon management agreements with Columbia River tribes. 2) Promote conservation and recovery of wild stocks. 3) Maximize recreational fishing opportunities for hatchery stocks in the mainstem Columbia River in a manner consistent with policies and agreements regarding the sharing of those stocks throughout the Columbia River basin. 4) Implement selective commercial fisheries in the mainstem of the Columbia River to remove excess hatchery-origin fish in a manner consistent with policies and agreements regarding the sharing of those stocks throughout the Columbia River basin. 5) Implement commercial fisheries in off-channel areas to provide revenue to the commercial fishery and supply markets. Spring Chinook Fishery Sharing Metric: Incidental-take of ESA-listed upriver spring Chinook Recreational Fishery Tangle Net! Gill Net/ Beach Seine/ Purse Seine/Other Alternative Gear Commercial Fishery Fishing Year Impact Share Location Share Location Gear Existing Policy % Mainstem Columbia River and Mainstem Columbia River below Bonneville % Tangle Net/ Gill Net Snake River Dam and off-channel areas % Mainstem Columbia River and Mainstem Columbia below Bonneville Dam Tangle Net 30% Snake River Off-Channel Areas Tangle Net/ Gill Net % Mainstem Columbia River and Snake River 20%1 Off-channel and mainstem areas of the Columbia River Not subject to pre-update buffer/ Gill nets confined to off-channel areas

35 Page 13 of 40 Summer Chinook Fishery Sharing Metric: Harvestable share of summer Chinook available downstream from Priest Rapids Dam Fishery-Specific Objective: Meet terms of agreements with the United Tribes of the Colville Reservation. Recreational Fishery Gill Net Gill Net Gill Net Beach Seine/ Purse Seine/ Other Alternative Gear To offset reductions in mainstem commercial harvest of summer Chinook, Oregon would enhance the fisheries for Select Area Bright Fall Chinooklz Recreational fisheries would be assigned the harvestable surplus in excess of that needed for off-channel commercial fisheries targeting late-returning spring Chinook and early-returning Select Area Bright fall Chinook Commercial Fishery' Fishing Year Share Location Share Location Gear Existing Policy 50% Mainstem Columbia River below Mainstem Columbia River below Bonneville 50% Priest Rapids Dam Dam % Mainstem Columbia River below Mainstem Columbia River below Bonneville 40% Priest Rapids Dam Dam % Mainstem Columbia River below Mainstem Columbia River below Bonneville 30% Priest Rapids Dam Dam %2 Mainstem Columbia River below Mainstem Columbia River below Bonneville 0% Priest Rapids Dam Dam (-2%). H Tule Fall Chinook Fishery Sharing Metric: Incidental-take of ESA-listed tule fall Chinook Recreational Fishery Commercial Fishery Fishing Year Share Location Share Location Gear Existing Policy 50% Mainstem Columbia below Mainstem Columbia River below 50% Bonneville Dam Bonneville Dam and off-channel areas Gill Net s70% Mainstem Columbia below Mainstem Columbia River below Gill Net/ Pilot Beach Seine/ 30% Bonneville Dam Bonneville Dam and off-channel areas Pilot Purse Seine 2016 s70% Mainstem Columbia River below Mainstem Columbia below Beach Seine/ Purse Seine?-30% Bonneville Dam Bonneville Dam Off-channel areas Gill Net 2017+,E3.00/, Mainstem Columbia River below Beach Seine/ Purse Seine/ Mainstem Columbia below.20% Bonneville Dam Other Alternative Gear Bonneville Dam Off-channel areas Gill Net

36 Page 14 of 40 Upriver Bright Chinook Fishery Sharing Metric: Incidental-take of ESA-listed Snake River wild fall Chinook Fishery-Specific Objective: Implement mainstem commercial fisheries in zones 4 and 5 upstream of the Lewis River to remove excess hatchery-origin bright Chinook and harvest surplus wild bright Chinook Recreational Fishery Commercial Fishery Fishing Year Share Location Share Location Gear Existing Policy 50% Mainstem Columbia Mainstem Columbia River 50% below Bonneville Dam below Bonneville Dam Gill Net Necessary to meet recreational objectives, l but not more than 70% Necessary to meet recreational objectives, but not more than 80% Mainstem Columbia below Bonneville Dam Mainstem Columbia below Bonneville Dam Dependant on recreational fisheries need, but not less than 30% Dependant on recreational fisheries need, but not less than 20% Mainstem Columbia River below Bonneville Dam Mainstem Columbia River below Bonneville Dam Gill Net 2 i Beach Seine 3 / Purse Seine3 Beach Seine/ Purse Seine/ Other Alternative Gear Above Lewis River Alternative Gear4 It is expected that recreational fishery objectives (Buoy 10 season August 1-Labor Day; Tongue Point to Warrior Rock season August 1-September 7 as non-mark selective and September 8-14 as mark selective and Warrior Rock to Bonneville Dam season August 1-October 31 when the season is assumed to be essentially complete) would be met in most years at less than a 50% share of Snake River Wild fall Chinook impacts (see Appendix B, Table B.3). However, the recreational fishery share would likely need to be increased to meet objectives in years when Upriver Bright fall Chinook returns are significantly less than recent years./ 2 The mainstem gill net fishery would be restricted to the area above the Lewis River in 2016./ 3 Beach seine and purse seine fisheries would be pilots in 2013, 2014 and 2015./ 4 The presumptive (expected) path forward regarding targeted commercial harvest of Upriver Bright fall Chinook upstream of the Lewis River would be to access available Chinook with alternative gear and techniques. Because access to Upriver Bright fall Chinook is critically important to ensuring the long-term economic viability of commercial fishers, adaptive management would be used to ensure alternative gear and techniques are effective and that commercial fishers continue to have profitable mainstem access to these economically important salmon stocks. 4

37 Page 15 of 40 Coho Fishery Sharing Metric: Incidental-take of ESA-listed coho Recreational Fishery Maintain current sharing except provide sufficient additional impacts to the commercial fishery to implement the pilot alternative gear fisheries./ Tangle net, beach seine and purse seine fisheries would be pilots in 2013, 2014 and 2015./ 3 Assign commercial fisheries a sufficient share of the ESA-impact for Lower Columba Natural coho to implement off-channel coho fisheries, fall Chinook fisheries as described above, and alternative gear fisheries to reduce the number of hatchery-origin coho in natural spawning areas. Assign the balance to mainstem recreational fisheries. If these recreational fisheries are unable to use all of the ESA-impact for Lower Columbia Natural coho, assign the remainder to mainstem commercial coho fisheries. Commercial Fishery Fishing Year Share Location Share Location Gear Existing Policy - Mainstem Columbia below Mainstem Columbia River below - Bonneville Dam Bonneville Dam and off-channel areas Gill Net Mainstem Columbia below 1 Mainstem Columbia River below Gill Net/ Tangle Nett/ Beach Seine2/ Bonneville Dam Bonneville Dam and off-channel areas Purse Seine Mainstem Columbia below 3 Mainstem Columbia River below Tangle Net/ Beach Seine/ Purse Seine/ Other Bonneville Dam Bonneville Dam and off-channel areas Alternative Gear Sturgeon Fishery Sharing Metric: Allowable harvest of sturgeon below Bonneville Dam. Fishery-Specific Objectives: Promote conservation and recovery of sturgeon'. Recreational Fishery Commercial Fishery Fishing Year Share Location Share Location Gear Existing Policy 80% Mainstem Columbia below Mainstem Columbia River below 20% Bonneville Dam Bonneville Dam and off-channel areas Large Mesh Net % Mainstem Columbia below Mainstem Columbia River below 20% Bonneville Dam Bonneville Dam and off-channel areas Large Mesh Net % Mainstem Columbia below Bonneville Dam 20% Mainstem Columbia River below Bonneville Dam and off-channel areas Large Mesh Net in off channel areas/ Alternative Gear in mainstem The Commissions would initiate rule making to consider non-retention regulations for recreational and commercial fisheries for sturgeon if the forecasted decline in the abundance of legalsized sturgeon for 2012 holds true. 5

38 Page 16 of 40 Appendix B Defining Management Objectives for Recreational Fisheries Downstream from Bonneville Dam Analysis of Management Guidelines and Available Recreational Fishing Days Under the Current Management Policy and the Alternative Management Framework Being Considered by the Columbia River Fishery Management Workgroup. Spring Chinook In 2008, the Fish and Wildlife Commissions in Oregon and Washington adopted the current fisheries management policy for Columbia River spring Chinook in the area downstream from Bonneville Dam. This policy defines the objective for recreational spring Chinook fisheries downstream of Bonneville Dam as: Before the run-size update: A high likelihood that the fishery will remain open for at least 45 days in March and April. After the run-size update: If impacts remain, harvest opportunity through May. This objective was based on a "base-case" sharing formula for upriver spring Chinook ESA-impacts. Under the base case, recreational fisheries downstream from Priest Rapids and Lower Granite dams are allocated 60% of the available impact, commercial fisheries are allocated 35% of the available impact and 5% is held in reserve. These percentages reflect the differences between Oregon and Washington in their allocation policies. In addition, the recreational fisheries' share is further divided between fisheries downstream and upstream from Bonneville Dam. Currently, the fishery downstream from Bonneville Dam is allocated 75% of the ESA-impact available for recreational fishing. Spring Chinook fisheries are not only managed based on the ESA-impact for upriver stocks, but also for "catch-balancing" under the U.S. v. Oregon Management Agreement. The management guideline is defined under the Agreement based on the ESA-impact allowed for tribal fisheries after the forecasted run size is reduced by a 30% conservation buffer. Under the base case, the management guideline defined under the catch-balance provisions of the Agreement is less than what it would be under the policies adopted by Oregon's and Washington's Fish and Wildlife Commissions. The management guideline and corresponding number of fishing days for the recreational fishery downstream from Bonneville Dam was modeled for a base-case run size of 225,000 upriver spring Chinook and 65,000 Willamette spring Chinook. Under the current policy, the base case is defined as a forecasted run-size for upriver spring Chinook ranging from 55,000 to 271,000 and for Willamette spring Chinook greater than 50,000. The management guideline and number of fishing days were modeled under the current management policy and under the alternative management framework being considered by the Columbia River Fishery Management Workgroup. Under the alternative management framework, the percentage of the available ESA-impact for upriver spring Chinook allocated to recreational fisheries downstream from Priest Rapids and Lower Granite dams would increase to 70% during the transition period ( ) and 80% in the long term (2017 and beyond). Results of the modeling are summarized in Table B.1. 16

39 Page 17 of 40 Table B.1. Comparisons of key characteristics of the spring Chinook recreational fishery downstream from Bonneville Darn, under the current management policy and under the alternative management framework being considered by the Columbia River Fishery Management Workgroup. Analyses assume forecasted run sizes of 225,000 for upriver spring Chinook and 65,000 for Willamette spring Chinook, a mark rate of 75%, and that the run-size forecast would be updated on May 10. Management period Before the run size update After the run-size update (May 10) Time frame Management guideline before May 10 (number landed + release mortality) Catch of upriver spring Chinook before May 10 (number landed + release mortality) Number of consecutive fishing days (beginning March 1) Current 9,324 9, Transition 10,387 10, Long term 11,170 11, Management guideline after May 10 (number landed + release mortality) Estimated catch of upriver spring Chinook after May 10 (number landed + release mortality) Number of consecutive fishing days (beginning May 10) Current 3,950 3, Transition 4,492 3, Long term 6,219 3, Before the run-size update The management guideline and number of fishing days for the recreational fishery downstream from Bonneville Dam under the policy proposed for the transition period is two more than under the current policy. The impact shares assigned to the recreational fishery downstream from Bonneville Dam translate into a 65% share of the overall management guideline for upriver spring Chinook under the current policy and a 72% share during the transition period. The differences between the management guideline and number of fishing days for the recreational fishery downstream from Bonneville Dam under the current policy and the policy proposed for the long term are greater than during the transition period. The share of the overall management guideline for upriver spring Chinook in the long term would be 78% (vs. 65% under the current policy). Under the base case, this additional share translates to 3 more days of fishing. After the run-size update Although the management guideline for the recreational fishery downstream from Bonneville Dam is substantially different under the current policy and the policies proposed for the transition period and the long-term, the number of fishing days is the same. This is because, under the base case, the recreational fishery would be open from the date the run-size is updated (May 10) through the remainder of the season (June 15). Under this scenario, the recreational fishery downstream from Bonneville Dam would use 87% of its management guideline under the current policy, 77% during the transition period, and 55% in the long term. However, the fishery may have the capacity to increase catch rates in the May-June period in a given year if river conditions are good for fishing and/or effort increases. If catch rates improve, there would be expected differences in the number of fishing days between current, transition, and long-term periods. 17

40 Page 18 of 40 Summary Given the fixed impact sharing approach in the alternative management framework for the transition period and the long term, the current objective for the recreational fishery downstream from Bonneville Dam in March and April (a high likelihood that the fishery will remain open for at least 45 days) may not be relevant because the number of days of fishing is driven by the run-size forecast and its buffer, catch rate and mark rate. Summer Chinook In 2008, the Fish and Wildlife Commissions in Oregon and Washington adopted the current fisheries management policy for Columbia River summer Chinook as follows: Manage the upper Columbia summer Chinook populations for natural and hatchery aggregate escapement goals. Allocate non-treaty harvest of summer Chinook downstream from Priest Rapids Dam equally (50% each) between recreational and commercial fisheries. Structure fisheries consistent with the fishery framework in the U.S. v. Oregon Management Agreement. Structure fisheries consistent with the management agreement between the Washington Department of Fish and Wildlife and the Colville Tribe for salmonids originating above Priest Rapids Dam. Currently, recreational fishers downstream from Priest Rapids Dam can only retain adipose fin-clipped summer Chinook. The management guideline and corresponding number of fishing days for the recreational fishery downstream from Bonneville Dam was modeled for a run size of 75,000 summer Chinook (71,300 at the river mouth). As with spring Chinook, the management guideline and number of fishing days were modeled under the current management policy and under the alternative management framework being considered by the Columbia River Fishery Management Workgroup. Under the alternative management framework, the percentage of harvestable surplus of summer Chinook allocated to recreational fisheries downstream from Priest Rapids Dam would increase to 60% during the first two years of the transition period ( ) and 70% in the last two years ( ). In the long term (2017 and beyond) the recreational fisheries share is the harvestable surplus in excess of that needed for off-channel commercial fisheries targeting late-returning spring Chinook and early-returning Select Area Bright fall Chinook (-2%). Results of the modeling are summarized in Table B.2. Summary In the analysis described above, increasing the recreational fisheries share of the harvestable surplus would increase the number of fishing days by 50% during the first two years of the transition period and would double it during the last two years. In the long term, increasing the recreational fisheries share of the harvestable surplus would increase the number of consecutive fishing days by about 350%. Additional harvest opportunity may be provided in future years if, as in past years, the Colville Tribe allocates some of its share of the harvestable surplus for use in non-treaty fisheries downstream from Priest Rapids Dam and when the Colville Tribal Hatchery comes fully on-line and its production returns as adults to the Columbia River. As with spring Chinook, it may not be necessary to define a management objective for the recreational 18

41 Page 19 of 40 fishery downstream from Bonneville Dam because under the fixed harvest sharing approach in the alternative management framework the number of recreational fishing days in the transition period and the long term is driven by the run-size forecast, catch rate and mark rate. Table B.2. Comparisons of key characteristics of the upper-columbia summer Chinook recreational fishery downstream from Bonneville Dam, under the current management policy and under the alternative management framework being considered by the Columbia River Fishery Management Workgroup. Analyses assume a forecasted run size of 75,000 summer Chinook (71,300 at the river mouth), a mark rate of 66%, an allocation of 600 summer Chinook to recreational fisheries in the Columbia River between Bonneville and Priest Rapids dams, and no contribution from the Colville Tribes. Time frame Management guideline (number landed + release mortality) Catch of upper-columbia summer Chinook (number landed + release mortality) Number of consecutive fishing days (beginning June 16) Current 2,231 2, Transition (13-14) 2,797 2, Transition (15-16) 3,363 3, Long term 5,061 4, Fall Chinook The current fisheries management policy for managing fall Chinook (and coho) is: Optimize the non-treaty harvest of Chinook and coho and provide recreational and commercial fisheries a balanced opportunity. Consider fair and reasonable catch opportunity, stability and duration of fisheries, as well as sharing of the conservation responsibility when developing recreational and commercial fishing options. Correspondingly, the current management approach is to: Calculate the allowable in-river ESA-impact for each ESA-listed stock encountered by the fisheries. Work with fisheries stakeholders and the public in the "North of Falcon" process to develop an annual "Non-Indian Columbia River Fall Fishery Chinook Allocation Agreement" that describes expected season structures for each fishery. Calculate catch expectations for each fishery and the shares of allowable impacts necessary to meet those expectations, based on the proposed season structures. The management scenario used to model fall recreational fisheries was based on recent 5-year actual average run sizes ( ) and observed recreational harvest adjusted to meet recreational season objectives. Average run sizes resulted in an allowable ESA-impact level of 38% (including ocean fisheries) for lower river hatchery (LRH) tule fall Chinook and 15% for Snake River wild (Bright) fall Chinook. At the recent in-river LRH share of 20%, 7.6% LRH impacts would be available for implementing in-river fisheries. As with spring and summer Chinook, the management guideline and number of fishing days were modeled under the current management policy and under the alternative management framework being considered by the Columbia River Fishery Management Workgroup. Under the alternative management framework, the percentage of the ESA-impact for tule fall Chinook allocated to recreational fisheries downstream from Bonneville Dam would increase up to 70% 19

42 Page 20 of 40 during the transition period ( ) and up to 80% in the long term (2017 and beyond) if necessary to meet recreational fishery objectives. The recreational objectives were defined as: Buoy 10: The recreational fishing objective for Buoy 10 is defined as a season beginning August 1 and continuing through Labor Day (34 days; assuming Labor Day is September 3). Warrior Rock to Bonneville Dam: Although the fishery is open through December 31, very little, if any fishing for Chinook occurs after October. Therefore the recreational fishing objective for the area from Warrior Rock upstream to Bonneville Dam is defined as a season beginning August 1 and continuing through October 31 when the season is assumed to be essentially complete (92 days). Between Tongue Point and Warrior Rock: The recreational fishing objective for the area from Tongue Point upstream to Warrior Rock is defined as a season beginning August 1 and continuing through September 7 as non-mark selective with an additional week of mark selective fishing during September 8-14 (45 days). Recreational opportunity was based on the fishery objectives above, but actual allocation would be driven by weighing the recreational fishery season objectives with conservation objectives and upriver bright harvest objectives. The percentage of ESAimpacts for Bright fall Chinook allocated to recreational fisheries downstream from Bonneville Dam would vary depending on the number of days the recreational fishery was open before reaching its objective or tule fall Chinook impact limit. Results of the modeling are summarized in Table B.3. Summate To reach season objectives, the recreational fishery would require an additional 6% share of the LRH impacts beyond the recent 5-year average of 59% (65% total) during the transition period. The modeled recreational fishery did not require an increased share of the LRH impacts even at higher run sizes when the total allowable ESA limit would increase to 41%. Therefore the share of the LRH impact required to achieve recreational season objectives in both the transition and long-term is not expected to exceed 65%. Season objectives for the fall Chinook recreational fisheries are needed to ensure an appropriate balance between mainstem recreational fishing and mainstem commercial fishing using selective gear. There are two objectives for the mainstem commercial fisheries. One objective is to target Lower River Hatchery tule Chinook to help reduce strays. In Washington, this would be consistent with the Washington Commission Hatchery and Fishery Reform Policy. This objective is on par with objectives for mainstem recreational fisheries. Another objective is to harvest Upriver Bright fall Chinook in the area upstream of the Lewis River where the incidental take of lower river tule fall Chinook is reduced and in the area downstream from the Lewis River as alternative selective gear is developed. This objective would be pursued only when recreational fisheries objectives are expected to be met. The analysis in Table B.3 shows the allocation of LRH impacts needed to meet recreational fishery season objectives and the corresponding recreational fishing days in each of the fisheries (Buoy 10, Tongue Point-to-Warrior Rock, and Warrior Rock to Bonneville Dam), which sets up the discussion for allocating the remaining LRH impacts for some level of mainstem commercial fishery targeting Washington Lower River Hatchery tule Chinook. 20

43 Page 21 of 40 Table B.3. Comparisons of key characteristics of the mainstem fall Chinook recreational fishery under the current management policy and under the alternative management framework being considered by the Columbia River Fishery Management Workgroup. The "current" scenario set the recreational fishery's share of the in-river ESA impact for lower river hatchery tule equal to 59% (recent five-year pre-season average) and the "transition" and "long term" scenarios were set to meet fishery season objectives while remaining within the alternative management framework guidelines. All scenarios assumed the same stock-specific harvest rates as in 2012 pre-season model, the in-river share of available LRH impacts was 20% (recent five-year pre-season average), bright catch includes Zone 6 recreational fisheries, and that the Snake River recreational fishery used 0.5% of the Snake River wild (Bright) ESAimpact. In-river ESA Impact Level Lower river hatchery tule fall Chinook = 7.6% Snake River wild (Bright) fall Chinook = 15% Time frame Current Transition (5_70% of LRH Impacts) Long term (5.80% of LRH Impacts) Fall Chinook Stock Management guideline (Inriver ESA- Impact Level/Share) to meet Objective Catch Tule 4.48% (59%) 7,900 Bright 5.04% (34%) 22,300 Tule 4.96% (65%) 9,200 Bright 5.60% (37%) 24,600 Tule 4.96% (65%) 9,200 Bright 5.60% (37%) 24,600 Buoy Number of consecutive fishing days (beginning August 1) Tongue Point to Warrior Rock (includes 7 mark-selective fishing days) 45 (includes 7 mark-selective fishing days) Warrior Rock to Bonneville Dam

44 Page 22 of 40 Appendix C Analysis of Recreational Angler Trips and Ex-Vessel Value of Mainstem and Off-Channel Commercial Fisheries Under the Current Management Policy and the Alternative Management Framework Being Considered by the Columbia River Fishery Management Workgroup. Mainstem Recreational and Commercial Fisheries Downstream from Bonneville Dam Analytical Framework Spring Chinook The catches of upriver and all stocks of spring Chinook in the recreational fishery downstream from Bonneville Dam and in mainstem commercial fisheries were estimated for a base-case run size of 225,000 upriver spring Chinook and 65,000 Willamette hatchery spring Chinook. Under the current policy, the base case is defined as a forecasted run-size for upriver spring Chinook ranging from 55,000 to 271,000 and for Willamette hatchery spring Chinook greater than 50,000. Analyses compared catches under the current management policy and under the alternative management framework being considered by the Columbia River Fishery Management Workgroup. Under the alternative management framework, the percentage of the available ESA-impact for upriver spring Chinook allocated to recreational fisheries downstream from Priest Rapids and Lower Granite dams would increase to 70% during the transition period ( ) and 80% in the long term (2017 and beyond). Once the catches were estimated, the corresponding number of recreational fishing days and associated angler trips were calculated (Table C.1), as was the ex-vessel value of spring Chinook landed in mainstem commercial fisheries (Tables C.4 and C.5). Summer Chinook The catches of upper-columbia summer Chinook in the recreational fishery downstream from Bonneville Dam and in mainstem commercial fisheries were estimated for a run size of 75,000 summer Chinook (71,300 at the river mouth). As with spring Chinook, analyses compared catches under the current management policy and under the alternative management framework being considered by the Columbia River Fishery Management Workgroup. Under the alternative management framework, the percentage of harvestable surplus of summer Chinook allocated to recreational fisheries downstream from Priest Rapids Dam would increase to 60% during the first two years of the transition period ( ) and 70% in the last two years ( ). In the long term (2017 and beyond) the recreational fisheries share is the harvestable surplus in excess of that needed for off-channel commercial fisheries targeting latereturning spring Chinook and early-returning Select Area Bright fall Chinook (-2%). Also, as with spring Chinook, once the catches were estimated, the corresponding number of recreational fishing days and associated angler trips were calculated (Table C.2), as was the exvessel value of summer Chinook landed in mainstem commercial fisheries (Tables C.4 and C.5). 22

45 Page 23 of 40 Fall Chinook The catches of fall Chinook in the recreational fishery downstream from Bonneville Dam and in mainstem commercial fisheries were estimated based on recent 5-year actual average run sizes ( ) and observed recreational harvest adjusted to meet recreational season objectives. Average run sizes resulted in an allowable ESA-impact level of 38% (including ocean fisheries) for lower river hatchery (LRH) tule fall Chinook and 15% for Snake River wild (Bright) fall Chinook. At the recent in-river LRH share of 20%, 7.6% LRH impacts would be available for implementing in-river fisheries. As with spring and summer Chinook, the management guideline and number of fishing days were modeled under the current management policy and under the alternative management framework being considered by the Columbia River Fishery Management Workgroup. Under the alternative management framework, the percentage of the ESA-impacts for tule fall Chinook allocated to recreational fisheries downstream from Bonneville Dam would increase up to 70% during the transition period ( ) and up to 80% in the long term (2017 and beyond) if necessary to meet recreational fishery objectives. The recreational objectives were defined as: Buoy 10: The recreational fishing objective for Buoy 10 is defined as a season beginning August 1 and continuing through Labor Day (34 days; assuming Labor Day is September 3). Warrior Rock to Bonneville Dam: Although the fishery is open through December 31, very little, if any fishing for Chinook occurs after October. Therefore the recreational fishing objective for the area from Warrior Rock upstream to Bonneville Dam is defined as a season beginning August 1 and continuing through October 31 when the season is assumed to be essentially complete (92 days). Between Tongue Point and Warrior Rock: The recreational fishing objective for the area from Tongue Point upstream to Warrior Rock is defined as a season beginning August 1 and continuing through September 7 as non-mark selective with an additional week of mark selective fishing during September 8-14 (45 days). As with spring and summer Chinook, once the catches were estimated, the corresponding number of recreational fishing days and associated angler trips were calculated (Table C.3), as was the ex-vessel value of summer Chinook landed in mainstem commercial fisheries (Tables C.4 and C.5). Economic Assumptions The economic analyses in Table C.5 are based on the following values: Spring Chinook in mainstem: Average weight = 14.1 pounds (Ib); ex-vessel value = $6.00/1b in March and April and $4.84/1b in May and June Spring Chinook in off-channel: Average weight = 12.1 pounds (lb); ex-vessel value = $5.23/1b Summer Chinook in mainstem: Average weight = 17.4 pounds (Ib); ex-vessel value = $3.08/1b Tule Fall Chinook in mainstem (late August): Average weight = 21.0 pounds (Ib); ex-vessel value = $0.54/lb Tule Fall Chinook in mainstem (September/October): Average weight = 15.6 pounds (Ib); exvessel value = $0.52/1b Bright Fall Chinook in mainstem (late August): Average weight = 21.0 pounds (Ib); ex-vessel value = $2.31/lb 23

46 Page 24 of 40 Bright Fall Chinook in mainstem (September/October): Average weight = 15.6 pounds (Ib); ex-vessel value = $1.67/lb Select Area Bright Chinook in off-channel: Average weight = 13.8 pounds (Ib); ex-vessel value = $2.28/1b Coho in mainstem: Average weight = 9.24 pounds (Ib); ex-vessel value = $1.32/1b Coho in off-channel: Average weight = 9.5 pounds (Ib); ex-vessel value = $1.38/1b Recreational Fisheries Spring Chinook Analyses in Table C.1 indicate that the number of additional recreational fishing days prior to the run-size update (March and April) would increase two days (4.8%) in the transition period and 3 days (7.1%) in the long term. Correspondingly, the number of angler trips during this time frame would increase by about 10,000 (9.1%) in the transition period and about 15,000 (13.7%) in the long term. In the period after the run-size update (May and June), analyses indicate that the recreational fishery would not be able to catch all the spring Chinook available to them under the management guideline because they run out of fishing days. This is due to the fact that catch rates during this time are generally low. Under the "current" scenario the unused catch would total about 475 spring Chinook. In the transition period and long term, these numbers would be about 830 and about 2,750, respectively. This picture would change if the recent trend in recreational fisheries of increasing catch rates held true during May and June. The upriver spring Chinook that go uncaught in the recreational fishery downstream from Bonneville Dam could be reassigned to recreational fisheries upstream of Bonneville Dam, to the commercial fishery, or to conservation. Summer Chinook Analyses in Table C.2 indicate that the number of additional recreational fishing days would increase six days in the first half of the transition period and 13 days (100%) in the latter half. The increase would be 33 days (350%) in the long term. Correspondingly, the number of angler trips would increase by about 9,000 (35%) during the first two years of the transition period, 20,000 (80%) in the final two years of the transition period and about 45,000 (180%) in the long term. Fall Chinook Recreational opportunity was based on the fishery objectives described above, but actual allocation would be driven by weighing the recreational fishery season objectives with conservation objectives and upriver Bright fall Chinook harvest objectives. The percentage of ESA-impacts for Bright fall Chinook allocated to recreational fisheries downstream from Bonneville Dam would vary depending on the number of days the recreational fishery was open before reaching its objective or tule fall Chinook impact limit. Analyses in Table C.3 indicate that the number of additional recreational fishing days would increase 4 days for the Buoy 10 fishery (13%) and 8 days (21.6%) for the Tongue Point-to- Warrior Rock fishery in the transition period and long term. Correspondingly, the number of angler trips would increase by about 15,000 (9.4%) in the transition period and long term. 24

47 Page 25 of 40 Under the ESA-impact scenario modeled (7.6% for lower river hatchery tule fall Chinook (LRH) and 15% for Snake River wild (Bright) fall Chinook), analyses indicate that in the "current" scenario the recreational and commercial fisheries are not able to catch all the upriver Bright fall Chinook available to them because of constraints imposed by the LRH impacts and rapidly declining abundance of upriver stocks by the time the available quota is determined. The current unused catch totals about 6,000 upriver Bright fall Chinook. In the transition period this number would be about 9,500 upriver Bright fall Chinook (13,570 total Chinook) as a result of reserving one-third of the commercial LRH impacts for alternative commercial harvest. Table C.1. Comparisons of upriver spring Chinook catch, kept catch of all spring Chinook stocks, number of fishing days, and number of angler trips for the recreational fishery downstream from Bonneville Dam, under the current management policy and under the alternative management framework being considered by the Columbia River Fishery Management Workgroup. Analyses assume forecasted runs sizes of 225,000 for upriver spring Chinook and 65,000 for Willamette spring Chinook, a mark rate of 75%, and that the run-size forecast would be updated on May 10. Management period Before the run-size update After the run-size update (May 10) Time frame Catch of upriver stocks before May 10 (number landed + release mortality) Kept catch of all stocks before May 10 (number landed) Number of consecutive fishing days (beginning March 1) Number of angler trips before May 10 Current 9,447 12, ,840 Transition 10,600 13, ,854 Long term 11,189 14, ,931 Catch of upriver stocks after May 10 (number landed + release mortality) Kept catch of all stocks after May 10 (number landed) Number of consecutive fishing days (beginning May 10) Number of angler trips after May 10 Current 3,450 3, ,522 Transition 3,450 3, ,522 Long term 3,450 3, ,522 Table C.2. Comparisons of upper-columbia summer Chinook catch, kept catch, number of fishing days, and number of angler trips for the recreational fishery downstream from Bonneville Dam, under the current management policy and under the alternative management framework being considered by the Columbia River Fishery Management Workgroup. Analyses assume a forecasted run size of 75,000 summer Chinook (71,300 at the river mouth), a mark rate of 66%, an allocation of 600 summer Chinook to recreational fisheries in the Columbia River between Bonneville and Priest Rapids dams, and no contribution from the Colville Tribes. Time frame Catch (number landed + release mortality) Kept catch (number landed) Number of consecutive fishing days (beginning June 16) Number of angler trips Current 2,239 2, ,000 Transition (13-14) 2,805 2, ,746 Transition (15-16) 3,385 3, ,047 Long term 4,063 3, ,000 25

48 Page 26 of 40 Table C.3. Comparisons of key characteristics of the mainstem fall Chinook recreational fishery under the current management policy and under the alternative management framework being considered by the Columbia River Fishery Management Workgroup. The "current" scenario set the recreational fishery's share of the in-river ESA impact for lower river hatchery tule equal to 59% (recent five-year pre-season average) and the "transition" and "long term" scenarios were set to meet fishery season objectives while remaining within the alternative management framework guidelines. All scenarios assumed the same stock-specific harvest rates as in 2012 preseason model, the in-river share of available LRH impacts was 20% (recent five-year pre-season average), bright catch includes Zone 6 recreational fisheries, and that the Snake River recreational fishery used 0.5% of the Snake River wild (Bright) ESA-impact. In-river ESA Impact Level Lower river hatchery tule fall Chinook = 7.6% Snake River wild (Bright) fall = 15% Time frame Current Transition (5.70% of LRH Impacts) Long term (5_80% of LRH Impacts) Fall Chinook Stock Management guideline (Inriver ESA- Impact Level/Share) to meet Objective Catch Tule 4.48% (59%) 7,900 Bright 5.04% (34%) 22,300 Tule 4.96% (65%) 9,200 Bright 5.60% (37%) 24,600 Tule 4.96% (65%) 9,200 Bright 5.60% (37%) 24,600 Number of consecutive fishing days (beginning August 1) Buoy 10 Tongue Point to Warrior Rock Warrior Rock to Bonneville Dam Number of Angler Trips , (includes 7 markselective fishing days) 45 (includes 7 markselective fishing days) , ,000 Mainstem Commercial Fisheries Spring Chinook Our modeling analysis indicates that the mainstem commercial harvest of spring Chinook would decline by 46% in the transition period and would be negligible in the long term (Table C.4). The corresponding decline in economic value would be 48% in the transition period and near 100% in the long term (Table C.5). As with recreational fisheries, analyses indicates that the mainstem commercial fishery would not be able to catch all the spring Chinook available to them in May and June under the management guideline. However, this is because fishers most likely would have to fish with large-mesh gill nets. As such they would likely use up all their available ESA-impacts before they reach the guideline. Under the "current" scenario, the mainstem commercial fishery would be unable to land about 1,500 spring Chinook, which have an exvessel value of about $100,000. During the transition period, the mainstem commercial fishery would be unable to land about 1,100 spring Chinook, which have an ex-vessel value of about $75,

49 Page 27 of 40 Summer Chinook Our modeling analysis indicates that the mainstem commercial harvest of summer Chinook would decline by 20%-40% in the transition period. Because our analyses are based on a runsize less than 90,000, it does not include any harvest in the long term (Table C.4). The corresponding decline in economic value would be 20%-40% in the transition period and 100% in the long term (Table C.5). Fall Chinook Our modeling analysis indicates that the mainstem commercial harvest of fall Chinook would increase by 26%-69% in the transition period and by 69% in the long term (Table CA). The corresponding increase in economic value would be 3.5%-25% in the transition period and 25% in the long term (Table C.5). This analysis includes mainstem commercial fishing with seine gear and assumes full harvest of fall Chinook in the area upstream from the Sandy River. As noted for recreational fisheries, under the ESA-impact scenario modeled (7.6% for lower river hatchery tule fall Chinook (LRH) and 15% for Snake River wild (Bright) fall Chinook) the analysis indicates that in the "current" scenario the recreational and commercial fisheries are not able to catch all the upriver Bright fall Chinook available to them because of constraints imposed by the LRH impacts and rapidly declining abundance of upriver stocks by the time the available quota is determined. The current unused catch totals about 6,000 upriver Bright fall Chinook. In the transition period this number would be about 9,500 upriver Bright fall Chinook (13,570 total Chinook) as a result of reserving one-third of the commercial LRH impacts for alternative commercial harvest. The calculated ex-vessel value would be about $353,500 and assumes the mainstem commercial gillnet fishery has the ability to access these fish in the area upstream from the Sandy River (assumes no LRH impacts). The calculated ex-vessel value would be the same in the long term but assumes the same number of fish can be caught using alternative gear types. The same assumptions apply to the current Zone 4-5 gillnet fishery which is expected to have an ex-vessel value of $773,000 during the transition period. Based on the proposed management framework, these fish (23,100) would need to be harvested with alternative gears upstream of the Lewis River. Coho Our modeling analysis indicates that the mainstem commercial harvest of coho would almost double in the transition period and increase by one-third in the long term, if seine and tangle-net fisheries prove feasible (Table C.4). A similar change is indicated in the economic value of the fisheries in the transition period and the long term (Table C.5). Commercial Fisheries in Existing Off-Channel Areas For the transition period, analyses assumed "current" production was enhanced by 1.0 million spring Chinook, 500,000 Select Area Bright fall Chinook, and 920,000 coho. For the long term, off-channel fisheries were modeled assuming enhancements totaled 1,250,000 spring Chinook, 750,000 Select Area Bright fall Chinook and 1,920,000 coho. Under the "current" scenario, offchannel fisheries were modeled assuming returns from a base production of 950,000 spring Chinook, 1.45 million Select Area Bright Chinook and 4.17 million coho. All scenarios assumed that survival of smolts to adults commercially harvested at each site was 0.5% for spring Chinook, 0.3% for Select Area Bright fall Chinook, and 1.4% for coho. Catch estimates do not include incidental harvest of non-local stocks. Results are summarized in Tables C.4 and C.5. Our modeling analysis indicates that the total commercial harvest of spring Chinook, fall Chinook and coho would increase by 4%-32% in the transition period and by 32%-52% in the 27

50 Page 28 of 40 long term, if planned expansions of production occur (Table C.4). The corresponding increase in economic value would be 6.7%-43% in the transition period and 43%-64% in the long term (Table C.5). Summary The changes in angler trips and ex-vessel values described below are based on the modeled analyses described above and are relative to values calculated for the "current" scenario. With respect to mainstem recreational fisheries in the spring, summer and fall, the total number of angler trips in the transition period would increase by about 45,000 (-13%). In the long term, the number of angler trips would increase by about 75,000 (-22%). With respect to mainstem and off-channel commercial fisheries, the annual ex-vessel value in the transition period would increase by about $198,000 (-5%) in 2013 to about $1.1 million (-30%) in 2016 (Table C.5). For the period 2017 through 2021, the annual ex-vessel value of commercial fisheries would increase by $550,000 (-15%) in 2017 to about $840,000 (-23%) in

51 Table CA. Summary of modeled current mainstem commercial fishery harvest (numbers of fish) compared to expected harvest for potential alternative fisheries by year and fishery, Exhibit C Page 29 of 40 Numbers of Fish (Modeled Values) Fishery Stock Status Transition Long-Term Gwent Mainstem Gillnet Spring Chinook Existing 5,051 2,714 2,714 2,714 2, Mainstem Gillnet Summer Chinook Existing 2,831 2,264 2,264 1,698 1, Mainstem Gillnet (Zone 4-5) Fall Chinook Existing 37,990 23,080 23,080 23,080 23, Mainstem Gillnet (2S) Fall Chinook New - 13,570 13,570 13,570 13, Mainstem Gillnet Coho Existing 25,881 22,099 22,099 22,099 21, Select Area Gillnet Spring Chinook Expanded 5,000 6,234 6,250 8,805 9,951 10,000 10,000 10,852 11,234 11,250 Select Area Gillnet Fall Chinook Expanded 18,528 18,528 18,528 19,173 19,953 20,028 20,028 20,351 20,741 20,778 Select Area Gillnet Coho Expanded 56,700 58,380 69,580 69,580 75,954 75,954 89,954 89,954 89,954 89,954 Mainstem (Gear to be Determined; Zone 4-5) Fall Chinook New? ,080 23,080 23,080 23,080 23,080 Mainstem (Gear to be Determined; 2S) Fall Chinook New ,570 13,570 13,570 13,570 13,570 Mainstem Seine Lower River Hatchery Chinook New - 11,194 11,194 11,194 27,441 27,441 27,441 27,441 27,441 27,441 Mainstem Seine Coho New - 6,010 6,010 6,010 14,374 14,374 14,374 14,374 14,374 14,374 Mainstem Tangle-net Coho New - 20,160 20,160 20,160 20,160 20,160 20,160 20,160 20,160 20,160

52 Page 30 of 40 Table C.5. Summary of modeled current mainstem commercial fishery values compared to expected values for potential alternative fisheries by year and fishery, w 0 Ex-Vessel Value (Modeled) Fishery Stock Status Transition Long-Term Current Mainstem Gillnet Spring Chinook Existing, $395,911 $205,272 $205,272 $205,272 $205, Mainstem Gillnet Summer Chinook Existing $151,719 $121,332 $121,332 $90,999 $90, Mainstem Gillnet (Zone 4-5) Fall Chinook Existing $1,272,247 $772,926 $772,926 $772,926 $772, Mainstem Gillnet (2S) Fall Chinook New $353,526 $353,526 $353,526 $353, Mainstem Gillnet Coho Existing $316,682 $270,442 $270,442 $270,442 $261, Select Area Gillnet Spring Chinook Expanded $316,415 $394,493 $395,519 $503,300 $605,566 $631,805 $632,830 $686,721 $710,908 $711,934 Select Area Gillnet Fall Chinook Expanded $436,943 $436,943 $436,943 $457,237 $481,779 $484,139 $484,139 $494,286 $506,557 $507,737 Select Area Gillnet Coho Expanded $743,337 $765,362 $1,052,678 $1,052,678 $1,052,678 $1,052,678 $1,236,218 $1,236,218 $1,236,218 $1,236,218 Mainstem (Gear to be Determined; Zone 4-5) Fall Chinook New? $772,926 $772,926 $772,926 $772,926 $772,926 Mainstem (Gear to be Determined; 2S) Fall Chinook New $353,526 $353,526 $353,526 $353,526 $353,526 Mainstem Seine Lower River Hatchery Chinook New - $190,851 $190,851 $190,851 $467,868 $467,868 $467,868 $467,868 $467,868 $467,868 Mainstem Seine Coho New - $73,562 $73,562 $73,562 $175,901 $175,901 $175,901 $175,901 $175,901 $175,901 Mainstem Tangle-net Coho New - $246,713 $246,713 $246,713 $246,713 $246,713 $246,713 $246,713 $246,713 $246,713 Totals $3,633,254 $3,831,422 $4,119,764 $4,217,507 $4,714,810 $4,185,556 $4,370,121 $4,434,159 $4,470,617 $4,472,823 Difference from Current $0 $198,168 $486,51D $584,253 $1,081,556 $552,302 $736,867 $800,905 $837,363 $839,569 % Difference from Current 0% 5% 13% 16% 30% 15% 20% 22% 23% 23%

53 Page 31 of 40 Appendix D Enhancement of Hatchery Production for Harvest by Non-tribal Commercial Fisheries in Off-Channel Areas of the Columbia River Downstream from Bonneville Dam Current Program Production: Currently production targets in existing off-channel sites in the Columbia River downstream from Bonneville Dam for spring Chinook, tule fall Chinook, Select Area Bright fall Chinook and coho total million. This total includes 250,000 spring Chinook and 120,000 coho transferred from other facilities for release in off-channel sites beginning in This total also includes 350,000 spring Chinook released at the Deep River site, which will be discontinued effective in The specific release targets for the current program by species and stock are shown in Table D.1. Table D.1. Current production targets for juvenile salmon released for harvest in off-channel areas in the Columbia River downstream from Bonneville Dam. The totals by species and stock are 1.55 million spring Chinook, 6.4 million tule fall Chinook, 1.45 million Select Area Bright fall Chinook, and 4.17 million coho. Off-Channel Area Youngs Bay Tongue Point Release Site Klaskanine Hatchery South Fork Klaskanine Hatchery Net Pens Net Pens Production Target 600,000 Coho 2.1 million Tule Fall Chinook 350,000 Coho 700,000 Select Area Bright Fall Chinook Off-Channel Area Blind Slough & Knappa Slough 825,000 Coho 750,000 Select Area Bright Fall Chinook 650,000 Spring Chinook Deep River 540,000 Coho 250,000 Spring Chinook Release Site Net Pens Big Creek Hatchery Net Pens Grays River Hatchery Production Target 420,000 Cohn 300,000 Spring Chinook 3.6 million Tule Fall Chinook 535,000 Coho 750,000 Coho 700,000 Tule Fall Chinook 350,000 Spring Chinook 150,000 Late Stock Coho Harvest: For the years 2007 through 2011, average harvest levels from off-channel areas has been highest during the fall fisheries, driven primarily by coho (Table D.2.). Also, harvest during the spring fisheries in recent years has rivaled levels in the mainstem. However, the recent average includes 2010, in which harvest was more than twice the previous peak catch (24,000). Fisheries in the off-channel areas are highly selective for local, targeted stocks. In recent years, almost 90% of the harvest in the winter, spring, and summer fisheries has been local stocks. In the fall fisheries, recent harvests have been comprised of 90% local stocks for fall Chinook and about 98% for coho. 31

54 Page 32 of 40 Table D.2. Average harvest levels and fishing seasons for commercial fisheries in off-channel areas in the Columbia River downstream from Bonneville Dam for 2007 through Winter (mid-feb. mid-march') Season and Harvest (5-year average, ) Spring (mid-april mid- June) Summer (mid-june July) Youngs Bay 477 Chinook 6,719 Chinook 1,010 Chinook Tongue Point/ South Channel Blind Slough! Knappa Slough 444 Chinook ( ) 134 Chinook 1,455 Chinook Deep River 60 Chinook 79 Chinook Totals 671 Chinook 8,697 Chinook 1,010 Chinook 1 Youngs Bay and Blind Slough winter seasons typically extend into early April 2 Youngs Bay fall season starts in early August Fall (September Sum October2) 8,305 Chinook 16,511 Chinook 26,787 Coho 26,787 Coho 1,249 Chinook 1,693 Chinook 7,990 Coho 7,990 Coho 4,411 Chinook 6,000 Chinook 4,899 Coho 4,899 Coho 858 Chinook 997 Chinook 11,301 Coho 11,301 Coho 14,823 Chinook 25,201 Chinook 50,978 Coho 50,978 Coho Total Releases of Hatchery Fish in Off-Channel Sites Under the Alternative Management Framework Total releases of hatchery fish in off-channel sites under the alternative management framework and the corresponding contribution of those fish to commercial fisheries in the off-channel areas are shown in Table D.3. The number of additional fish proposed for release during the transition period and in the long term is described by salmon stock below. Transition Period Spring Chinook: As stated above, proposed enhancements of hatchery production in existing off-channel areas include 250,000 spring Chinook transferred from other facilities for release in off-channel sites beginning in In addition to these fish, Oregon proposes to acclimate an additional 500,000 juvenile spring Chinook annually for release beginning in 2013 (Table D.3.). Washington would provide 250,000 juvenile spring Chinook for acclimation in 2013, and pursue funding to produce and acclimate these fish long-term (Table D.3). Coho: As stated above, proposed enhancements of hatchery production in existing off-channel areas include 120,000 coho transferred from other facilities for release in off-channel sites beginning in In addition, Oregon proposes to acclimate an additional 600,000 juvenile coho and Washington an additional 200,000 annually for release beginning in 2013 (Table D.3). Select Area Bright Fall Chinook: To offset reductions in mainstem commercial harvest of summer Chinook, Oregon proposes to rear an additional 500,000 juvenile Select Area Bright fall Chinook annually for release at off-channel sites (Table D.3.). These releases would begin in

55 Page 33 of 40 Long Term Spring Chinook: In addition to the 1 million additional juvenile spring Chinook proposed for release in off-channel sites during the transition period, Oregon proposes to acclimate an additional 250,000 juvenile spring Chinook annually for release beginning in 2017 (Table D.3.). Coho: In addition to the 920,000 additional juvenile coho proposed for release in off-channel sites during the transition period, Oregon proposes to acclimate an additional 1 million juvenile coho annually for release beginning in 2017 (Table 0.3). Select Area Bright Fall Chinook: In addition to the additional 500,000 juvenile Select Area Bright fall Chinook proposed for release annually at off-channel sites during the transition period, Oregon proposes to rear an additional 250,000 juvenile Select Area Bright fall Chinook annually for release beginning in 2017 (Table D.3.). Table D.3. Total number of spring Chinook, coho and Select Area bright fall Chinook slated for acclimation and release in off-channel sites in the Columbia River downstream from Bonneville Dam and the contribution of those fish as kept catch to commercial fisheries. Assumed survival of smolts to adults harvested at each site was 0.5% for spring Chinook, 1.4% for coho, and 0.3% for Select Area Bright fall Chinook. Catch estimates do not include incidental harvest of non-local stocks. Time frame Stock State Release numbers Kept catch (number landed) Oregon 1,700,000 Spring Chinook 7,810 Washington 250,000 Transition Oregon 3,870,000 Coho 66,780 ( ) Washington 1,100,000 Select Area Bright Oregon 1,950,000 4,868 Fall Chinook Oregon 1,950,000 Spring Chinook 10,667 Washington 250,000 Long term Oregon 4,870,000 Coho 80,780 ( ) Washington 1,100,000 Select Area Bright Oregon 2,200,000 6,207 Fall Chinook Oregon 1,950,000 Spring Chinook 11,250 Washington 250,000 Long term Oregon 4,870,000 (2021 & Coho 83,580 Washington 1,100,000 beyond) Select Area Bright Oregon 2,200,000 6,600 Fall Chinook Evaluations of Opportunities to Expand Existing Off-Channel Sites and Establish New Ones The Oregon Department of Fish and Wildlife estimated costs associated with evaluations of opportunities to expand existing off-channel sites and establish new ones (Table D.4 and Table D.5). The estimates are based on personnel costs for agency staff in Oregon and would likely differ if Oregon and Washington shared work associated with each evaluation. 33

56 S&S for fishery sampling $30,834 TOTAL $1,140,000 Exhibit C Page 34 of 40 Table D.4. Tasks and biennial costs associated with evaluations of opportunities to expand commercial fisheries in exiting off-channel sites in the Columbia River downstream from Bonneville Dam Task Approach Needs Effort Evaluate the feasibility of providing more fishing time to commercially harvest salmon at existing off-channel sites. Use the existing fleet to collect data that will inform assessment of risk of increased impacts associated with expansion into currently closed timeframes, target-stock harvest potential, and overall stock composition. Cost per Unit Effort Total Cost Test fishery (full fleet) no cost On-board observers 24 months $3,966 $95,185 S&S for test fishing $11,815 Additional fishery samplers needed to maintain sample rates (assuming greater harvest level from increased production) 54 months $3,966 $214,166 S&S for fishery sampling $28,835 Evaluate the feasibility of expanding the fishable area of existing off-channel sites Option A. Use the existing fleet to collect data that will inform assessment of risk of increased impacts associated with expansion into currently closed areas, target-stock harvest potential, and overall stock composition. TOTAL $350,000 Test fishery (full fleet) no cost On-board observers 54 months $3,966 $214,166 S&S for test fishing $30,835 Additional fishery samplers needed to maintain sample rates (assuming greater harvest level from increased production) 54 months $3,966 $214,166 Option B. Use a test fishery with contracted fishers to collect data that will inform assessment of risk of increased impacts associated with expansion into currently closed areas, target-stock harvest potential, and overall stock composition. TOTAL $490,000 Project Biologist 24 months $5,693 $136,621 Test fishery (contracted) 420 days $1,200 $504,000 On-board observers 54 months $3,966 $214,166 S&S for test fishing $35,524 Additional fishery samplers needed to maintain sample rates (assuming greater harvest level from increased production) 54 months $3,966 $214,166 S&S for fishery sampling $35,524

57 S&S for test fishing $51,982 Water quality technicians 8 months $4,512 $36,094 Grand total $1,630,000 Exhibit C Page 35 of 40 Table D.S. Tasks and biennial costs associated with evaluations of opportunities to establish three new off-channel commercial fisheries sites in the Columbia River downstream from Bonneville Dam Task Approach Needs Effort Evaluate three new off-channel sites to determine their potential to produce meaningful numbers of fish for commercial harvest (evaluations to be completed in spring 2015). Evaluate commercial harvest opportunity in new fishing sites. Cost per Unit Effort Total Cost Project Leader 24 months $6,801 $163,235 Project Biologist 24months $5,124 $122,970 Determine potential new fishing sites proximate to new rearing sites Test fishery (contracted) 630 days $1,200 $756,000 On-board observers 54 months $3,966 $214,166 Evaluate suitability for acclimation and release at new sites. Sub total $1,308,352 Determine potential new rearing sites No cost DEQ consultation for new net pen complexes No cost Juvenile salmonid assessment fieldworkers 72 months $3,966 $285,554 Input from Fish Propagation Programs and hatchery managers on logistical potential No charge Sub total $321,648

58 Page 36 of 40 Appendix E Additional Measures to Enhance Management and Reduce Ecological Risks from Fisheries At their Oct 18, 2012 meeting, members of the Columbia River Fishery Management Workgroup (Workgroup) asked staff to review and evaluate additional management measures that might be considered to improve the effectiveness of fisheries management on the Columbia River. These short- and long-term measures were part of a larger package of recommendations provided by Workgroup's commercial fishing advisors (10/10/2012). The Washington members of the Workgroup also included some of these measures in their recommendations (10/18/12). Oregon and Washington fishery managers evaluated each of the measures and recommend the following be considered by the Workgroup for possible implementation in 2013 and beyond. Short Term Measures (can be implemented during transition period) Implement in 2013 the use of barbless hooks in all mainstem Columbia River and tributary fisheries for salmon and steelhead. Consider requiring the use of rubber landing nets (or their equivalent) in all mainstem Columbia River fisheries for salmon, steelhead, and sturgeon. Consider making it unlawful when angling from any vessel to totally remove from the water any salmon or steelhead required to be released unless a recovery box is present and in use on the vessel. Evaluate the feasibility of creating restricted recreational-fishing zones within and immediately adjacent to current or new off-channel areas. These zones would be designed to reduce the interceptions of fish intended for commercial harvest within the off-channel areas until economic benefits from commercial fisheries are verified. Consider a 5-fish seasonal limit for spring Chinook caught in the mainstem Columbia River from January 1 through June 15. Measures Requiring Additional Analysis Initiate a comprehensive review of a recreational fishing license surcharge similar to the Washington Department of Fish and Wildlife Columbia River Salmon and Steelhead Endorsement Program. The revenue generated by this program supports needed management activities for continuation and expansion of selective fisheries in the Columbia River Basin. A similar program in Oregon could provide funding for implementation of adopted management strategies such as purchase of alternative gear and a commercial fishermen retraining program. Evaluate the feasibility of implementing a program in Oregon that would create a limited entry recreational fishing guide system on the Columbia River. Beginning in 2014, require licensed recreational fishing guides and charters to maintain and use logbooks. Logbook reporting could provide fishery managers with additional catch and harvest data on guided salmon, steelhead, sturgeon fishing trips on the Columbia River. In addition, evaluate the use of volunteer trip reports in general private boat fisheries. 36

59 Page 37 of 40 Appendix F Conservation Scenarios Upriver Spring Chinook Table F.1 below shows modeled estimates of the amount of unused upriver spring Chinook ESA impacts under four allocation scenarios for non-tribal mainstem Columbia River recreational and commercial fisheries. The first scenario (60:40) is the current policy of the Oregon Fish and Wildlife Commission. The second scenario (65:35) is the current policy of the Washington Fish and Wildlife Commission. The final two scenarios are the transition (70:30) and long-term (80:20) allocation scenarios in the proposal being considered by the Columbia River Fishery Management Workgroup. The table also shows the number of marked and unmarked fish that escape mainstem non-tribal fisheries given the unused ESA impacts. In the table below, the number of unmarked fish that escape are fish that would have been handled and released in the fisheries and would have subsequently died. For recreational fisheries it was assumed that 10% of the unmarked fish handled and released would have subsequently died. For mainstem commercial fisheries, it was assumed that 14.7% of the unmarked fish handled and released in March and April (using tanglenets) would have subsequently died and that 40% handled and released in May and June (using large-mesh gillnets) would have subsequently died. In addition to the assumptions about release mortality, modeling was based on these other assumptions: The river-mouth run-size of upriver spring Chinook = 225,000; the river-mouth run-size of Willamette spring Chinook > 50,000. The mark rate of upriver spring Chinook = 75% ESA impacts for each scenario are allocated as follows: o 60:40 Under the current policy of the Oregon Fish and Wildlife Commission, 60% of upriver spring Chinook ESA-impacts are allocated to recreational fisheries and 40% to commercial fisheries; the recreational fishery downstream from Bonneville Dam is allocated 75% of the ESA-impacts allocated to recreational fisheries; off-channel fisheries are allocated a fixed ESA impact of 0.15%. o 65:35 Under the current policy of the Washington Fish and Wildlife Commission, 65% of upriver spring Chinook ESA-impacts are allocated to recreational fisheries and 35% to commercial fisheries; the recreational fishery downstream from Bonneville Dam is allocated 75% of the ESA-impacts allocated to recreational fisheries; off-channel fisheries are allocated a fixed ESA impact of 0.15%. o 70:30 Under the proposal being considered by the Columbia River Fishery Management Workgroup, during the "transition period" 70% of upriver spring Chinook ESA-impacts are allocated to recreational fisheries and 30% to commercial fisheries; the recreational fishery downstream from Bonneville Dam is allocated 75% of the ESA-impacts allocated to recreational fisheries; off-channel fisheries are allocated a fixed ESA impact of 0.25% (allocation was increased from 0.15% to 0.25% to access initial returns from enhanced off-channel production). o 80:20 Under the proposal being considered by the Columbia River Fishery Management Workgroup, in the "long term" 80% of upriver spring Chinook ESAimpacts are allocated to recreational fisheries and 20% to commercial fisheries; the recreational fishery downstream from Bonneville Dam is allocated 75% of the ESA- 37

60 Page 38 of 40 impacts allocated to recreational fisheries; off-channel fisheries are allocated all of the ESA impacts allocated to commercial fisheries (to access full returns from enhanced off-channel production). Recreational fisheries use all the upriver spring Chinook available to them under the US v Oregon Management Guideline. Although catch rates in the recreational fishery downstream from Bonneville Dam in May and June may not be sufficiently high to harvest all the fish available, under the scenario modeled sufficient ESA impacts remained to do so. Summm: 1. Estimates of unused ESA impacts for all four scenarios include those left-over because the US v Oregon Management Guideline is less than the ESA Management Guideline. 2. The ESA Management Guideline is less under the "80:20" scenario than under the "70:30" scenario and less under the "70:30" scenario than either the "65:35" or "60:40" scenarios because the commercial share of available impacts under the "70:30" and "80:20" scenarios is either primarily or wholly allocated to the off-channel fishery. Since the off-channel fishery is not mark-selective, the ratio of "marked fish kept" to "unmarked fish killed" is less than in the mainstem fishery (3.0 vs. 12.2) and the guideline is reduced proportionally. 3. Under the "60:40", "65:35" and "70:30" scenarios the mainstem commercial fishery cannot use all its share of the US v Oregon Management Guideline because it runs out of ESA impacts. 4. Because the current policies of the Oregon and Washington Fish and Wildlife Commissions differ in the percentage of ESA impacts allocated to recreational and commercial non-tribal fisheries, the Oregon policy is currently used to determine the recreational fisheries share (base case = 60%) and the Washington policy is used to allocate the commercial fisheries share (base case = 35%). As a result, 5% of the ESA impacts are held in reserve. Under the current policy, the amount of unused ESA impacts in our modeling exercise would be 0.322% (0.222% unused by recreational fisheries and 0.10% held in reserve). The number of marked and unmarked fish that would escape non-tribal fisheries would be 4,703 and 163, respectively. Summer Chinook Table F.2 below shows modeled escapement of summer Chinook to Wells Dam and the percentage of that escapement that is marked and unmarked based on three different management scenarios. The first scenario (current) is based on Management Agreements and allocation policies currently in place. The second scenario (no commercial) assumes the harvest share that would have been allocated to mainstem non-tribal commercial fisheries is held in reserve as a conservation measure and is not allocated. The final scenario assumes the harvest share that would have been allocated to mainstem non-tribal commercial fisheries is instead allocated to recreational fisheries downstream from Bonneville Dam. Modeling was based on the following assumptions: The river-mouth run-size of summer Chinook = 75,000 The mark rate of summer Chinook = 66% 38

61 Table F.1. Modeled estimates of the amount of unused ESA impacts for mainstem recreational and commercial upriver spring Chinook fisheries under four scenarios and the number of marked and unmarked fish that escape mainstem non-tribal fisheries, given the unused ESA impacts. The first scenario (60:40) is the current policy of the Oregon Fish and Wildlife Commission. The second scenario (65:35) is the current policy of the Washington Fish and Wildlife Commission. The final two scenarios are the transition and long-term allocation scenarios in the proposal being considered by the Columbia River Fishery Management Workgroup. Exhibit C Page 39 of 40 Scenario ESA Management Guideline (% Recreational Fishery Share) U.S. v. Oregon Management Guideline (% Recreational Fishery Share) Number of Marked Fish Kept Number of Unmarked Fish Killed Percent of U.S. v. Oregon Management Guideline Used Unused ESA Impacts Number of Fish that Escape Mainstem Non- Tribal Fisheries, Given the Unused ESA Impacts Marked fish Unmarked fish Recreational = 60%a 27,765 22,500 Commercial = 40% a (70.6%) (70.6%) 19, %b 0.266%c 3, Recreational = 65%d 28,194 22,500 Commercial = 35%d (75.3%) (75.3%) 20, %b 0.301%c 4, Recreational = 70% 27,644 22,500 Commercial = 30% (82.7%) (82.7%) 20, % h 0.303%c 4, Recreational = 80% 27,034 22,500 Commercial = 20% (96.7%) (96.7%) 21, % 0.323%c 4, This scenario is the "base case" under the current policy of the Oregon Fish and Wildlife Commission. b The mainstem commercial fishery cannot use all its share of the US v Oregon Management Guideline because it runs out of ESA impacts. `all unused ESA-impacts come from the recreational fishery ' This scenario is the "base case" under the current policy of the Washington Fish and Wildlife Commission. Table F.2. Escapement of summer Chinook to Wells Dam and the percentage of that escapement that is marked and unmarked based on three different management scenarios. The first scenario (current) is based on Management Agreements and allocation policies currently in place. The second scenario (no commercial) assumes the harvest share that would have been allocated to mainstem non-tribal commercial fisheries is held in reserve as a conservation measure and is not allocated. The final scenario (increased recreational) assumes the harvest share that would have been allocated to mainstem non-tribal commercial fisheries is instead allocated to recreational fisheries downstream from Bonneville Dam. Scenario Marked Unmarked Escapement Percentage Escapement Percentage Current 24,100 54% 20,400 46% No Commercial 26,000 55% 21,300 45% Increased Recreational 24,100 53% 21,300 47%

62 Page 40 of 40 Summary: 1. About 8% more summer Chinook would reach Wells Dam with no mainstem non-tribal commercial fishing compared to current schedules. If the non-tribal commercial fishery allocation was provided to the recreational fishery downstream from Bonneville Dam, about 5% more fish would reach Wells Dam. 2. The unmarked (wild) percentage of the summer Chinook population that reaches Wells Dam would decrease by 1% with no mainstem non-tribal commercial fishing and would increase by 1`)/0 if the non-tribal commercial fishery allocation was provided to the recreational fishery downstream from Bonneville Dam. Lower River Tule Fall Chinook Table F.3 below represents a preliminary analysis of a commercial seine fishery in the lower Columbia River at a range of harvest levels (10,000-30,000 handle of lower river tule fall Chinook (LRH)), the corresponding effect on LRH escapement from fisheries compared to 2012 escapement, and the approximate percentage of Endangered Species Act (ESA) impacts for Lower Columbia River tule Chinook needed to prosecute the seine fishery. A 10% release mortality rate was used for the purpose of this analysis, but research is on-going to determine actual release mortality rates from seines and will be applied when available. The range of fisheries displayed in Table F.3 would reduce the LRH escapement from 18-53% and would require 7-20% of the Lower Columbia tule Chinook ESA impacts that were allotted to other in-river fisheries in Table F.3. A preliminary analysis of a commercial seine fishery in the lower Columbia River at a range of harvest levels (10,000-30,000 handle of lower river tule fall Chinook (LRH)), the corresponding effect on LRH escapement from fisheries compared to 2012 escapement, and the approximate percentage of Endangered Species Act (ESA) impacts for Lower Columbia River tule Chinook needed to prosecute the seine fishery. LRH Handle' Number Marked2 Percentage Reduction in Hatchery Fish Escapement Compared to 2012 Escapement3 Percentage of Lower Columbia Tule Fall Chinook ESA- Impacts Needed4 10,000 8,700 18% 7% 20,000 17,400 35% 13% 30,000 26,100 53% 20% 1 This is the LRH portion of the catch only and does not reflect total Chinook harvest. 2 Based on 2012 pre-season model with 7.0% LRH ESA-impact rate 3 Reflects percent reduction from 2012 LRH escapement level of 49,400 4 Percent of LRH impacts needed to prosecute seine fishery based on total LRH impacts from 2012 model 40

63 Exhibit D Page 1 of 3 OREGON BULLETIN Supplements the 2012 Oregon Administrative Rules Compilation Volume 51, No. 12 December 1, 2012 For October 16, 2012 November 15, 2012 Published by KATE BROWN Secretary of State Copyright 2012 Oregon Secretary of State

64 Exhibit D Page 2 of 3 NOTICES OF PROPOSED RULEMAKING Proposed Amendments: , , , , , , , , , , , , , , , , , , , , , , Last Date for Comment: , 5 p.m. Summary: The proposed rules for the transport of radioactive materials describe the "Oregon Radioactive Materials Shipment Report" form requirements for carriers, and clarify civil penalties for failure to comply with Oregon rules. The reporting requirements described in the proposed rule are consistent with a long-standing process for carriers to report their shipping activity in Oregon. The rules also include housekeeping amendments to correct punctuation and update references. The department requests public comment on these draft rules. A public hearing will be held on January 10, 2013 at 9:00 a.m. In addition, the Council will accept oral public comments, but no further written comments, at a later Council meeting when the Council takes final action on the proposed amendments. Rules Coordinator: Kathy Stuttaford Address: Department of Energy, Energy Facility Siting Council, 625 Marion St. NE, Salem, OR Telephone: (503) Department of Fish and Wildlife Chapter 635 Rule Caption: Amendments to 2013 Big Game Regulations. Date: Time: Location: a.m Cherry Ave. NE Salem, OR Hearing Officer: Fish and Wildlife Commission Stat. Auth.: ORS , 496,138, & Stats. Implemented: ORS , , & Proposed Amendments: Rules in , Last Date for Comment: , Close of Business Summary: Three edits to the 2013 Big Game Regulations are proposed: (1) Clarify wording for Division 65, Section 0010, Mandatory Reporting Penalty; (2) Add Pennsylvania to the list of states from which chronic wasting disease has been found; and (3) Delete Elk Hunt 225C (Coffee Butte). Rules Coordinator: Therese Kucera Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE, Salem, OR Telephone: (503) Rule Caption: Amend Division 060 Rule to Add Agency Fee for Game Bird Application. Date: Time: Location: a.m Cherry Ave. NE Salem, OR Hearing Officer: Fish and Wildlife Commission Stat. Auth.: ORS , , & Stats. Implemented: ORS 496,012, , & Proposed Amendments: Last Date for Comment.: , Close of Business Summary: Amend rule so language is consistent with how other application fees are implemented. Rules Coordinator: Therese Kucera Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE, Salem, OR Telephone: (503) Rule Caption: Establish Average Market Values of Food Fish for Determining Damages Related to Commercial Fishing Violations. Oregon Bulletin December 2012: Volume 51, No Date: Time: Location: a.m Cherry Ave. NE Salem, OR Hearing Officer: Fish and Wildlife Commission Stat. Auth.: ORS Stats. Implemented: ORS & Proposed Amendments: Last Date for Comment: Summary: Amend rule to establish the average market value of food fish species used to determine damages for commercial fishing violations. Housekeeping and technical corrections may occur to ensure rule consistency. Rules Coordinator: Therese Kucera Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE, Salem, OR Telephone: (503) Rule Caption: Conservation Plan for Fall Chinook Salmon in the Rogue Species Management Unit. Date: Time: Location: a.m Cherry Ave. NE Salem, OR Hearing Officer: Fish and Wildlife Commission Stat. Auth.: ORS , & Other Audi,: Native Fish Conservation Policy (OAR through 0509); Federal Endangered Species Act. Stats. Implemented: ORS , & Proposed Adoptions: Rules in Proposed Amendments: Rules in Proposed Repeals: Rules in Last Date for Comment: Summary: Adopt or amend rules, as necessary, relating to the Rogue Fall Chinook Conservation Plan, Housekeeping and technical corrections to the regulations may occur to ensure rule consistency. Rules Coordinator: Therese Kucera Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE, Salem, OR Telephone: (503) Rule Caption: Adopt Rules relating to Land Acquisition and Exchange. Date: Time: Location: a.m Cherry Ave. N Salem, OR Hearing Officer: Fish and Wildlife Commission Stat. Auth.: ORS & Stats. Implemented: ORS & Proposed Adoptions: Rules in Last Date for Comment: , Close of Hearing Summary: This ru]e establishes a methodology for consideration of land acquisition and land exchange. This rule establishes the rules and policy of the Oregon Department of Fish and Wildlife to acquire land or interests in lands, including easements and teases consistent with statutory authority and the Department's strategic plan and mission, for the conservation of fish and wildlife and their habitats and to provide fish and wildlife-related public use for educational and recreational purposes. Rules Coordinator: Therese Kucera Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE, Salem, OR Telephone: (503) Rule Caption: Rules for Commercial and Recreational Fisheries in the Columbia River and Tributaries. Date: Time: Location: a.m, Holiday Inn Portland Airport 8439 NE Columbia Blvd. Portland, OR Hearing Officer: Fish and Wildlife Commission

65 Exhibit D Page 3 of 3 NOTICES OF PROPOSED RULEMAKING Stat. Audi,: ORS , , , , , , , & Stats. Implemented: ORS , , , , , , & Proposed Adoptions: Rules in , , , , , , , Proposed Amendments: Rules in , , , , , , , Proposed Repeals: Rules in , , , , , , , Last Date for Comment: a.m. Summary: This is a re-51ing of our Notice filed on October and published in the November 1, 2012 Oregon Bulletin. The Fiscal Impact Statement for this filing has been corrected and updated. There are no other changes to the original filing. These amended or adopted rules, as determined justified, will modify commercial and recreational fisheries in the Columbia River and tributaries; and establish management measures for future fisheries, Housekeeping and technical corrections to the regulations may occur to ensure rule consistency. Rules Coordinator: Therese Kucera Address: Department of Fish and Wildlife, 3406 Cherry Ave. NE, Salem, OR Telephone: (503) Department of Human Services, Children, Adults and Families Division: Child Welfare Programs Chapter 413 Rule Caption: Changing OARs affecting Child Welfare programs. Date: Time: Location: :30 a.m. 500 Summer St. NE, Rm. 255 Salem, OR Hearing Officer: Annette Tesch Stat. Auth.: ORS 409,050, & Other Auth.: Public Law , Adoption & Safe Families Act; Section 477. Title IV-E of the Social Security Act; Public Law , Foster Care Independence Act of 1999, Title I; FL , Fostering Connections to Success & Increasing Adoptions Act of 2008; Foster Care Independence Act of 1999; Public Law , Indian Child Welfare Act of 1978; Public Law Personal Responsibility & Work Opportunity Reconciliation Act; Refugee Act of 1980; 45 CFR Parts 1355, 1356, 1357 Stats. Implemented: ORS , , , , , , , , , 419A.004, 419B.192, 419B.343, 41913,349, 419B.470 & 419B.476 Proposed Adoptions: , Proposed Amendments: , , , , , , Proposed Repeals: Last Date for Comment: , 5 p.m. Summary: These rules about child welfare programs are being changed to align them with the child contact requirements required under federal law, These rules also are being revised to fully incorporate the provisions of P.L , Fostering Connections to Success and Increasing Adoptions Act of 2008 and P.L , Foster Care Independence Act of 1999 to provide certain children in substitute care information about their credit report annually, information regarding designating another individual to make health care treatment decisions if he or she is unable to participate in those decisions, and to require Department participation in the National Youth in Transition Database. OAR about development, documentation, and termination of a supervision plan is being amended to clarify and correct the administrative rule reference to required contact with a child. Oregon Bulletin December 2012: Volume 51, No OAR about responsibilities in monitoring a child Or young adult's supervision in a certified family is being amended to clarify and correct the administrative rule reference to required contact with a child OAR about the purpose of rules about family support services is being amended to clarify the rule and indicate when terms are defined, OAR about the definitions of terms used in family support services rules is being amended to clarify the terms used in rules about family support services and to reflect current Department terminology. OAR about eligibility for family support services is being amended to clarify who is eligible for family support services under these rules. OAR about determination of service needs is being amended to clarify cross-references and use current Department terminology. OAR about requirements when obtaining medical, psychological, or psychiatric evaluations: OAR about requirements for the family support services case plan; OAR about developing service agreements; OAR about family support services case plan review; and OAR about closing a family support services case plan are being amended to clarify cross-references and use current Department terminology. OAR about contact and monitoring requirements for a family support services case plan is being amended to specify when monthly fact-to-face contacts are required, clarify cross-references, and use current Department terminology. OAR defining terms used in rules about youth transitions is being amended to clarify the terms used in these rules and to reflect current Department terminology. OAR about eligibility for youth transition services is being amended to describe the circumstances when an exception to eligibility requirements may be approved. OAR about development of the comprehensive transition plan and OAR about benchmark review of the comprehensive transition plan are being amended to use of current Department terminology about legal guardians and guardians. OAR about review of the comprehensive transition plan is being amended correct the administrative rule reference to required contact with a child OAR about health care notifications, credit reports, and data tracking is being adopted to describe the Department responsibilities for notification of health care proxy to youth over 17 years, for ensuring an annual consumer credit report is reviewed with any youth in care over age 16, and to describe the requirements for collection and reporting of data for the National Youth in Transition Database. OAR about definitions used in rules about developing and managing the case plan is being amended to clarify the terms used in these rules and to reflect current Department terminology. OAR about requirements for the protective capacity assessment is being amended to clarify the caseworker responsibility to identify and review the conditions 'for return. OAR about requirements for conditions for return is being amended to clarify requirements for the determination and documentation of conditions for return and the ongoing safety plan. OAR about requirements fur a family decisionmaking meeting, OAR about requirements for the case plan, and OAR about requirements of action agreements are being amended to use current Department terminology. OAR about requirements for monitoring the case plan is being amended to clarify reasonable efforts requirements and. to correct administrative rule reference to required contact with a child.