OREGON DEPARTMENT OF FISH AND WILDLIFE Fish Passage Task Force DRAFT MEETING MINUTES

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1 Attending: The following ttended ll, or prt of, the meeting: OREGON DEPARTMENT OF FISH AND WILDLIFE Fish Pssge Tsk Force DRAFT MEETING MINUTES June 16, 2017 Oregon Deprtment of Fish nd Wildlife Commission Room Slem, Oregon FPTF Ken Bierly Bill Cunninghm Doug DeHrt Richrd Burke O Brien Willie Tiffny ODFW Greg Apke Jenni Dykstr Lis Kingsley Aln Ritchey ODOT Willim Wrncke Dniel Ohrn Pulic Steffnie Tylor Not Attending Sturt Myers Representing Pulic-t-Lrge Pulic-t-Lrge Fishing nd Conservtion Wter Users Wter Users Title Sttewide Fish Pssge Coordintor, Slem Assistnt Sttewide Fish Pssge Coordintor, Slem Fish Screening nd Pssge Progrm Assistnt, Slem Fish Screening nd Pssge Progrm Mnger, Slem Title Aqutic Biology nd Fish Pssge Progrm Coordintor Environmentl Progrm Coordintor Orgniztion Ecologicl Lnd Services Representing Fishing nd Conservtion 1

2 OREGON DEPARTMENT OF FISH AND WILDLIFE Fish Pssge Tsk Force MEETING AGENDA Oregon Deprtment of Fish & Wildlife Commission Room Slem, Oregon Fridy June 16, 2017 ~9:00m Cll to Order & Welcome nd Introductions ~9:05 Review & Approve Agend nd Mrch Meeting Minutes (Chir Dehrt) ~9:10 Review Action Items (Kingsley) ~9:15 Tsk Force Memer Round-tle Discussions (All) ~9: Tsk Force Vcncies Recruitment Updte (Apke) ~10:00 ODFW Fish Pssge Progrm Stffing Chnges (Apke) ~10:10 Tide Gtes ODFW/OWEB Grnt Proposl Updte (Apke) ~10:15 ODFW-ODOT Fish Pssge Liison Progrm Updtes (Bill Wrncke & Apke) Trnsporttion Bill & Legisltive Updte Culvert Repir Progrm: o Updte from Commission Meeting o Next Agreement Drft Agreement Frmework Mitigtion Bnking Progrm nd Net Benefit Clcultor Updte c o Pulic Comments from 7 Wivers d ~12:00pm Working Lunch Eel Lke Lmprey Rmp (Theo Mlone) ~1:00 Pulic Comment Period ~1:30 ODFW Progrm Updtes (stff) Fish Pssge Conference Corvllis (June 19-21) Fish Pssge Wivers nd Exemptions c o Quedo Creek Exemption & c W. Fk Coyote Creek Exemption Pulic Comments c o ODOT Hwy 26 Exemption Request c o ODOT Hwy 18 Exemption Request o Wrrenton Ki Exemption Request ~3: Brek --- ~3: Sttewide Fish Pssge Priority Brrier Inventory (Dykstr) ~3:40 Fish Pssge Exemptions Review (Dykstr) ~4:00 Tsk Force Letter of Support for OWRD Grnt Opl Springs (Chir Dehrt) ~4:15 Bowmn Dm (stff) ~4:30 Meeting Recp nd Actions Items (Kingsley) ~5:00 **** Meeting Adjourn **** Agend Item Types: Business Informtion c Recommendtion d Work Session 2

3 1. Cll to Order & Welcome nd Introductions Doug DeHrt, Chir, clled the meeting to order t 9:05.m. 2. Review nd Approve Agend; Octoer 28, 2016 Meeting Minutes The Tsk Force revised the gend to remove scheduled presenttion on the Eel Lke Lmprey Rmp from the working lunch nd replce it with Oregon Deprtment of Fish nd Wildlife (ODFW) Progrm Updtes. Hndout: Drft Fish Pssge Tsk Force Mrch 10, 2017 Meeting Minutes The Tsk Force reviewed the minutes from the Mrch 10, 2017 meeting. Ken Bierly requested revision to pge 5, item 10, title. The drft sid Mlheur Bsin & Exotic Species, ut tht should e replced with Mlheur Lke Bsin. Ken Bierly moved to pprove the minutes for the Mrch 10, 2017 Fish Pssge Tsk Force meeting s revised. Willie Tiffny seconded the motion, nd the Tsk Force pproved Review Action Items The following ction items remin ongoing. All other ction items were completed or removed. Bill Cunninghm continues reserch on the history of defining rtificil ostruction in Oregon nd potentil implictions for inclusion of dditionl chrcteristics of fish pssge lockge. Sturt Myers will ssist with potentil options for redefining pssge rriers. Willie Tiffny will provide ssistnce with questions regrding progrm development. The Tsk Force memers will review the drft nomintion criteri nd finlize the ppliction nd criteri for recognition of fish pssge prtners. Greg Apke will request n updte from ODFW Wter Progrm stff of the sttus of the revised Division 33 wter right ppliction process. Greg Apke will distriute link to informtion out the increse in se level rise including mpping tools to the Tsk Force. The following ction item will e removed from the current list of ction items pending discussion with Sturt Myers. Stff will coordinte with US Fish nd Wildlife Service to identify migrtory corridors for res with resident only fish. 4. Tsk Force Memer Round-tle Discussions Tsk Force memers discussed fish nd wter relted ctivities in their respective res. 3

4 Tsk Force Vcncies Recruitment Updte Greg Apke noted Kim Kmk, Hrry Rectenwld, nd Dve Heller s second terms hve expired. The positions were dvertised nd 15 pplictions were received from the three stkeholder groups. Interviews will e scheduled with the cndidtes in the ner future. 6. ODFW Fish Pssge Progrm Stffing Chnges Jenni Dykstr ws een hired s the Assistnt Fish Pssge Coordintor nd egn work the week of Mrch 13, Art Mrtin, Oregon Deprtment of Fish nd Wildlife (ODFW)-Oregon Deprtment of Fish nd Wildlife (ODOT) Fish Pssge Liison, ccepted promotion to new position with ODFW s Columi River Mngement Progrm. There will e recruitment to fill this position. 7. Tide Gtes ODFW/OWEB Grnt Proposl Updte Oregon Wtershed Enhncement Bord (OWEB) nd ODFW pplied for Ntionl Ocenic nd Atmospheric Administrtion (NOAA) Costl Resiliency Grnt Progrm to provide funds to develop comprehensive tide gte inventory, tide gte prioritiztion nd develop n engineering toolox to help fcilitte tide gte engineering design plns. The gencies re witing notifiction from NOAA on whether the grnt ppliction ws successful. 8. ODOT-ODFW Fish Pssge Progrm Updtes Trnsporttion Bill nd Legisltive Updte Bill Wrncke, ODOT Aqutic Biology Progrm Led, explined ill ddressing trnsporttion needs is eing considered y the Oregon Legislture during the 2017 session. ODOT stff re prepring projections of work tht cn e ccomplished t vrious funding levels. If trnsporttion ill psses there my e n increse in work lod etween the two gencies. ODOT Culvert Repir Progrm Updte from Commission Meeting & Next Agreement Wrncke discussed recent presenttion to the Oregon Fish nd Wildlife Commission (Commission) on the ODFW-ODOT Culvert Repir Fish Pssge Pilot Progrm. The progrm llows ODOT to complete short-term (pproximtely 25 yer) culvert repirs t certin sites in western Oregon without meeting full-fish pssge criteri. Projects must provide n incrementl enefit to pssge t ech site. In lieu of providing full fish pssge t the repired culverts, ODOT provides ODFW funding to implement high priority fish pssge projects. As the pilot progrm is nering the end of the 3-yer greement, ODFW nd ODOT re negotiting new greement to extend the progrm for five yers nd to expnd the geogrphic scope throughout Oregon. The Tsk Force will e presented with dditionl informtion t their Octoer meeting, nd the Commission will e sked to pprove the greement this winter. The Tsk Force discussed the rte of return for the projects completed under the pilot project. During the pilot project, high cost culverts on Interstte 5 (I-5) were repired. The cost to replce culvert on I-5 is much more expensive thn replcing smller ones on secondry trnsporttion 4

5 routes, so the cost svings will e less thn those completed under the pilot project. Also, the selection of high priority fish pssge projects ville for completion will chnge nd the enefit from future compenstion fund could e less thn is currently ville. The proposl for the next greement currently contins n option to move site specific fish pssge enhncements to the next upstrem or downstrem rrier under specific criteri. The Tsk Force expressed concern out the mitigtion eing moved wy from the site where the repir will occur. The Tsk Force sked for continued updtes (t lest nnul) including the pln for work to e completed tht yer. Mitigtion Bnking Progrm nd Net Benefit Clcultor Updte Wrncke presented informtion on the Net Benefit Clcultor developed for the Fish Pssge Mitigtion Pilot Project Agreement. The stndrd for the tool identifies tht it is scientificlly credile, trnsprent, stndrdized, mkes use of ville dt, is consistent with ODFW policies, nd produces ccurte nd verifile results. The tool ws tested for ccurcy, sensitivity, repetility, nd usility. During pilot project testing, comprisons etween est professionl judgement nd hitt rte within the tool greed pproximtely 50% of the time. There ws no discernle ptterns or cler reltionships to explin this vriility. When checking for repetility in hitt qulity, the testing showed high degree of repetility. The inning of rw dt into indictor ctegories reduced the impct of the differences on finl results. More thn 50 revisions to the tools, methods, nd user guide were mde to clrify the process, fix issues, nd improve usility sed on this testing. When checking for repetility in hitt quntity, the estimtes vried enough tht qulity check on the results for site nd site specific dt nd mps e evluted efore n greement is mde in evlution decisions. Overll, The Nture Conservncy nd Willmette Prtnership re confident the testing shows tht the tool performs within reson. Action: Greg Apke will distriute report prepred y the Nture Conservncy on the testing of the tool. Mitigtion Bnking Wivers Hndouts: ODFW News Relese ODFW seeks comment on 7 ODOT fish pssge wiver requests Pulic Comments received s of June 15, 2017 Net Benefit Anlysis for the seven 2017 fish pssge wivers Drft ODOT-ODFW Fish Pssge Mitigtion Bnking Pilot Project Btched Fish Pssge Wiver Agreement 5

6 The Mitigtion Bnking Pilot Progrm llows ODOT to seek wivers t 12 sites with specific criteri. ODFW hs scoped the sites to ensure progrm eligiility criteri hve een met nd surveyed the sites to confirm species composition nd fish distriution. None of the sites re high priorities for fish pssge, nd ech site hs less thn ½ mile of hitt (1.68 miles totl for the seven sites) upstrem of the site. The proposed seven wiver sites meet the eligiility criteri of the progrm nd ODFW stff recommend the culvert sites e grnted wivers for the Fish Pssge Bnking Pilot Project. Ken Bierly moved to recommend ODFW pprove the seven wiver requests. Willie Tiffny seconded the motion, nd the Tsk Force pproved Pulic Comment Period No pulic were present to comment. 10. ODOT-ODFW Fish Pssge Progrm Updtes Fish Pssge Wivers nd Exemptions Hndout: ODFW Fish Pssge Progrm Approvls, Wivers & Exemptions Updtes (3/9/17-6/15/17) Apke provided the Tsk Force list of fish pssge pprovl, wivers nd exemptions completed from Mrch 9, 2017 thru June 15, Quedo Creek Exemption Hndouts: ODFW News Relese ODFW seeks comment on two fish pssge exemptions Pulic Comments received s of June 15, 2017 The Tsk Force continued discussion from the Mrch 10, 2017 meeting on n exemption request for new instrem reservoir on n unnmed triutry to Quedo Creek ner Lke Selmc in the Illinois River sin, in Josephine County. Lke Selmc, downstrem of the site, is complete fish pssge rrier. While ntive migrtory fish were historiclly locted t the proposed site, no fish were found when the re ws smpled y ODFW in 2003, gin in fll 2016 nd in Jnury The lndowner plns to construct six foot tll erthen dm to crete pond with 2.75 cre feet of storge cpcity in n ephemerl strem. As prt of the wter right process with Oregon Wter Resources Deprtment (OWRD), the lndowner is working with ODFW to secure fish pssge exemption. ODFW stff recommend pprovl of the exemption. Bill Cunninghm moved to recommend pprovl of the Quedo Creek exemption. Ken Bierly seconded the motion, nd the Tsk Force pproved

7 ODOT Hwy 26 Exemption Request Dniel Ohrn, ODOT Environmentl Progrm Coordintor, presented request for n exemption t n ODOT owned nd mnged culvert under Highwy 26 on n unnmed triutry to West Fork Diry Creek. A necessry repir to the culvert triggered fish pssge requirements. A constructed ditch nd tht provides overflow from constructed pond is upstrem of the ODOT project. A short distnce downstrem of the culvert, the strem flows through rock uttress under rilrod trck. Approximtely 10 other complete nd prtil ostructions re locted etween the site nd the triutries confluence with West Fork Diry Creek. ODFW stff determined tht no enefit would e provided to ntive migrtory fish if this culvert were to provide fish pssge. The Tsk Force discussed the fish present in Diry Creek nd t the point where the strem flows through the rock under the rilrod trck. While only exotic species were found during survey, it is likely tht ntive migrtory fish from West Fork Diry Creek would e t the rilrod site during prt of the yer. Doug DeHrt moved to recommend pprovl of the Highwy 26 exemption. Burke O Brien seconded the motion, nd the Tsk Force pproved 5-0. ODOT Hwy 18 Exemption Request Ohrn presented request for n exemption t n ODOT owned nd mnged culvert under Highwy 18 on n unnmed triutry to the Ymhill River. A necessry repir to the culvert triggered fish pssge requirements. Severl other full, sesonl, nd prtil rriers re locted oth up nd downstrem of the culvert tretment site. ODFW stff determined tht no enefit would e provided to ntive migrtory fish if this culvert were to provide fish pssge. The Tsk Force discussed the fish present in the re noting the repir would not ffect ntive migrtory fish since they re not le to rech this site. Ken Bierly moved to recommend pprovl of the Highwy 18 exemption. Burke O Brien seconded the motion, nd the Tsk Force pproved 5-0. Wrrenton Ki Exemption Request Apke presented new fish pssge exemption request on n unnmed triutry to n unnmed triutry to Youngs By in Wrrenton Oregon s requested y Jim Morinville, the owner of the Wrrenton Ki Auto Delership. Steffnie Tylor, Ecologicl Lnd Services Senior Biologist, hired on ehlf of Wrrenton Ki, ssisted with the presenttion nd ws ville to nswer questions. The proposed work would plce new 24 inch x 183 foot culvert in sesonlly wet ditch nd then fill the reminder of the ditch with rock to expnd prking lot t the delership. Multiple fish 7

8 pssge rriers re locted downstrem of the site, nd no ntive migrtory fish re currently le to ccess the site. Even if fish were le to ccess it, the hitt is in very poor condition. Inflow to the site consists of overlnd flow nd wter from storm drins during winter months. ODFW stff determined tht no enefit would e provided to ntive migrtory fish if this culvert were to provide fish pssge. ODFW did not hve dequte time in dvnce of this meeting to solicit pulic comments, ut the solicittion will egin the week of June 19, Bill Cunninghm moved to recommend pprovl of the Wrrenton Ki Exemption Request. The Tsk Force discussed not recommending the project until fter the pulic comment period. The motion ws not seconded, nd Cunninghm withdrew the motion. The Tsk Force greed to meet vi conference cll to consider this project fter the pulic comment period hs ended. 11. Fish Pssge Exemptions Review Hndout: Completed Exemption Reviews 2017 Jenni Dykstr, ODFW s new Assistnt Fish Pssge Coordintor, presented informtion on review of fish pssge exemptions pproved from 2003 through Fish Pssge Progrm stff contcted the ODFW district fish iologists nd sked whether the conditions tht were present t the time of the exemption still persist tody. Of the 34 exemption sites reviewed, ODFW district iologists identified tht no chnges hd occurred t 29 sites. Five sites re still under review y locl ODFW district iologists. This ws the first review of pssge exemptions since the first exemption ws pproved in ODFW will conduct nnul reviews to ensure exemptions re re-evluted t lest once every seven yers. Bierly inquired whether the exemptions reviewed were in close proximity to ech other so tht one exemption ws supported y nother one. Dykstr noted this ws not evluted for the current review, ut it cn e considered when future reviews re completed. Tiffny sked if the ODFW district iologists identified ny res where plnned future ctions would potentilly led to the revoction of n exemption. Dykstr responded tht this question ws not sked during the review, ut it cn e sked for future reviews. 8

9 Sttewide Fish Pssge Priority Brrier Inventory Hndout: Fish Pssge Priority List Summry, Methodology, nd Smple Ferury 1, 2013 Oregon s Sttewide Fish Pssge Priority Brrier Inventory requires n updte every five yers. The inventory is used to identify nd implement projects, provide informtion out potentil sites for mitigtion nd future fish pssge wivers, nd to help prioritize projects for funding. The list could lso e used for enforcement if specific requirements re met. Dykstr descried the process used when the 2013 list ws developed including updting informtion out known fish pssge rriers, distriuting the known informtion to the ODFW District Fish Biologists, selection of the highest fish pssge rriers in ech district, ddition of missing informtion needed to evlute the identified rriers, nd overll prioritiztion of the rriers sttewide into priority groups. To prepre for the upcoming inventory, Dykstr will work with ODFW s Nturl Resources Informtion Mngement Progrm to updte the rrier informtion including removl of the rriers tht were repired or removed nd incorportion of ny dditionl informtion out the rriers. ODFW stff will work to updte the list with the intent to seek Oregon Fish nd Wildlife Commission pprovl in erly Apke discussed the potentil to include dditionl rriers into the 2018 inventory. For exmple, inclusion of priority tide gtes tht impede ntive migrtory fish pssge, ut the ville dt to evlute the sites my e different thn for other types of rriers. The Tsk Force discussed the importnce of the prioritiztion nd highlighted the vriety of wys the list is nd could e used. The Tsk Force discussed forming workgroup to ssist with the upcoming fish pssge prioritiztion process. Action: Greg Apke will distriute Jenni Dykstr s contct informtion. Action: Jenni Dykstr will request volunteers t the pproprite time to ssist with the upcoming fish pssge priority rrier inventory. 9

10 13. Tsk Force Letter of Support for OWRD Grnt Opl Springs Bierly discussed proposl for work to e completed t Opl Springs. The proposed work would rise the level of the diversion dm structure in prt providing dditionl wter for new fish pssge fcility. If the request is pproved, OWRD would provide funds for the fish pssge effort. Action: Ken Bierly will distriute copy of the ppliction for funding to the Tsk Force. Action: Greg Apke nd Aln Ritchey, ODFW Fish Screening nd Pssge Mnger, will verify tht Brett Hodgson, ODFW Wtershed Mnger is comfortle with the ppliction. Doug DeHrt noted this site is on the high priority list for pssge in Oregon. Willie Tiffny moved tht the Fish Pssge Tsk Force Chir work with ODFW stff to provide letter of support for the OWRD ppliction for funding pssge work t Opl Springs. Ken Bierly seconded the motion, nd the Tsk Force pproved ODOT-ODFW Fish Pssge Progrm Updtes, Continued Budget Ritchey noted the Stte of Oregon is currently under hiring freeze nd only essentil trvel hs een pproved. These cost sving mesures re prt of lrger efforts to sve funds to ddress future needs s the stte is currently fcing lrge funding shortfll. Fish Screening nd Pssge Progrm Stff Chnges Art Mrtin ccepted position with the Columi River Mngement Progrm vcting the ODFW-ODOT Fish Pssge Liison position. Ken Loffink, Fish Screening Coordintor, ws selected for n Executive Ledership Development position tht is nticipted to lst through June Fish Pssge Tsk Force Vcncies Dve Heller, Kim Kmk, nd Hrry Rectenwld ech served two terms nd re not eligile for reppointment. The positions were dvertised nd 15 pplictions were received to fill the three positions. ODFW Director Curt Melcher will e sked to ppoint new memers fter pplicnts hve een interviewed. Tidegtes Apke updted the Tsk Force on joint ODFW-OWEB ppliction to provide funding from the Ntionl Ocenic nd Atmospheric Administrtion (NOAA) Costl Resiliency Progrm to ddress tide gte infrstructure chllenges in Oregon. ODFW expects NOAA s grnt funding decisions will e mde soon. 10

11 Fish Pssge Conference - Corvllis The Interntionl Fish Pssge Conference will e held July 19-21, 2017 t Oregon Stte University. 14. Bowmn Dm Apke presented informtion on potentil proposl to develop hydroelectric genertion fcility t Bowmn Dm on the Crooked River. The dm is rrier to fish pssge nd instlltion of hydropower fcility would trigger fish pssge requirements. The limited power genertion cpcity nd cost for instlltion nd opertions my mke providing fish pssge economiclly imprcticl t this site. ODFW nticiptes the project proponent(s) my request fish pssge wiver. There is over 100 miles of high qulity hitt tht would need to e mitigted in the event of fish pssge wiver request nd the Tsk Force would need to e closely involved in the project s mitigtion strtegy nd the review of the Deprtment s net-enefit nlysis. 15. Meeting Recp nd Action Items Kingsley reviewed the ction items. Upcoming meeting: Octoer 20, 2017 in Slem t the ODFW HQ Office Items to e included in future meetings include: Willmette Flls nd lmprey pssge Bowmn Dm Fire impcts on wtershed helth Recognition of fish pssge prtners Recouping Progrm costs for pln pprovls, wivers, nd exemptions. Fish pssge exemptions in urn growth zones Fish Pssge Priority List updte of sites where work hs een or is scheduled to e completed Lrge Pssge Structure Needs o Hells Cnyon Dm Artificil Ostruction Definition Strtegy nd References o Chemicl o Therml o Acoustic o High nd low stremflow o Effects of drought on fish pssge Mitigtion Bnking Hitt Clcultor Tool Updte 16. Adjourn Doug DeHrt djourned the meeting t 4:34 p.m. 11

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