EXECUTIVE ORDER NO. EO 99-01
THE OREGON PLAN FOR SALMON AND WATERSHEDS
The purpose of the Oregon Plan for Salmon and Watersheds (the “Oregon Plan”) as stated in the Plan and reaffirmed in this Executive Order is to restore Oregon’s wild salmon and trout populations and fisheries to sustainable and productive levels that will provide substantial environmental, cultural, and economic benefits and to improve water quality. The Oregon Plan is a long-term, ongoing effort that began as a focused set of actions by state, local, tribal and private organizations and individuals in October of 1995. The Oregon Plan first addressed coho salmon on the Oregon Coast, was then broadened to include steelhead trout on the coast and in the Lower Columbia River, and is now expanding to all at-risk wild salmonids throughout the state. The Oregon Plan addresses all factors for decline of these species, including watershed conditions and fisheries, to the extent those factors can be affected by the state. The Oregon Plan was endorsed and funded by the Oregon Legislature in 1997 through Oregon Senate Bill 924 (1997 Or. Laws, ch. 7) and House Bill 3700 (1997 Or. Laws, ch. 8). The Oregon Plan is described in two principal documents: “The Oregon Plan,” dated March 1997, and “The Oregon Plan for Salmon and Watersheds, Supplement I — Steelhead,” dated January 1998. As used in this Executive Order, the Oregon Plan also incorporates the Healthy Streams Partnership (Oregon Senate Bill 1010, 1993 Or. Laws, ch. 263).
The Oregon Plan is a cooperative effort of state, local, federal, tribal and private organizations and individuals. Although the Oregon Plan contains a strong foundation of protective regulations — continuing existing regulatory programs and speeding the implementation of others — an essential principle of the Plan is the need to move beyond prohibitions and to encourage efforts to improve conditions for salmon through non-regulatory means. Many of the most significant contributions to the Oregon Plan are private and quasi-governmental efforts to protect and restore salmon on working landscapes, including efforts by watershed councils.
Salmon and trout restoration requires action and sacrifice across the entire economic and geographic spectrum of Oregon. The commercial and sport fishing industries in Oregon have been heavily affected by complete or partial closures of fisheries. The forest industry operates under the Oregon Forest Practices Act, and has contributed substantially to salmon recovery through habitat restoration projects on private lands and by funding a large part of the state recovery efforts. The agriculture and mining industries are also taking actions that will protect and restore salmon and trout habitat and improve water quality (including financial support of restoration efforts by the mining industry). Urban areas are developing water conservation programs, spending funds for wastewater treatment improvements to reduce point source pollution, reducing non-point source pollution and reducing activities that degrade riparian areas. All citizens of Oregon share responsibility for declining populations of wild salmon and trout, and it is important that there be both a broad commitment to reversing these historic trends and a sense that the burdens of restoration are being shared by all of society.
It is also important that there be independent scientific oversight of the Oregon Plan. This oversight is being provided by the Independent Mutidisciplinary Science Team (IMST), established under Oregon Senate Bill 924 (1997 Or. Laws, ch. 7). Additional legislative oversight for the Oregon Plan is being provided by the Joint Legislative Committee on Salmon and Stream Enhancement (the “Joint Committee”).
Under the federal Endangered Species Act (ESA) the U.S. Fish & Wildlife Service (F&WS) and the National Marine Fisheries Service (NMFS) are responsible for identifying species that are threatened or endangered, and for developing programs to conserve and recover those species. F&WS and NMFS have now listed salmonids under the ESA on the entire Oregon Coast, the lower Columbia River (including most of the Portland metropolitan area), the Klamath River basin, and in the upper Columbia and Snake River basins. More listings are expected within the next year.
To date, the F&WS and NMFS generally have not had the resources to develop and implement effective recovery plans for fisheries. In addition, in many areas a large proportion of the habitat that listed salmonids depend on is located on private lands, where the regulatory tools under the ESA are relatively ill-defined and indirect. Finally, federal agencies alone, even if they take an active regulatory approach to recovery, will not restore listed salmonids. The federal ESA may work to prohibit certain actions, but there is simply too much habitat on private lands for restoration to succeed without pro-active involvement and incentives for individuals, groups, and local governments to take affirmative actions to restore habitat on working landscapes.
In April, 1997 the State of Oregon and NMFS entered into a Memorandum of Agreement (MOA) under which the State agreed to continue existing measures under the March 1997 Oregon Plan and to take certain additional actions to protect and restore coho salmon on the Oregon Coast. On May 6, 1997, NMFS determined that the Oregon Coast Evolutionarily Significant Unit (ESU) of coho salmon did not warrant listing as a threatened or endangered species under the ESA.
On June 2, 1998, the U.S. District Court for Oregon ordered NMFS to reconsider its decision without taking into account any parts of the Oregon Plan or MOA that are not “current enforceable measures.” The U.S. District Court for Oregon also held that the MOA was speculative, due to the fact that it provided for termination by either party on thirty days notice, and that therefore the MOA could not be considered by NMFS in its listing decision.
Under court order, NMFS reconsidered its decision without taking into account the application in the future of the harvest and hatchery measures contained in the Oregon Plan, or the habitat improvement programs being undertaken under the Oregon Plan, or the commitments made by the State of Oregon in the MOA for improvement of applicable habitat measures. Accordingly, NMFS listed Oregon Coast coho as threatened under the ESA on or about October 2, 1998.
The MOA provided for the State of Oregon to take actions necessary to ensure that Oregon Coast coho did not warrant listing as a threatened or endangered species under the federal ESA. Now that Oregon Coast coho are listed as a threatened species as a result of the U.S. District Court’s order, the central purpose of the MOA has been eliminated. Due to the uncertainties created by the District Court’s decision and the increasing extent of salmonids listed or proposed for listing under the federal ESA, it is important that the status of the State of Oregon’s substantive commitments under the MOA and the purpose of the Oregon Plan be clarified.
Through this Executive Order, the State of Oregon reaffirms its intent to play the leading role in protecting and restoring Oregon Coast coho and other salmonids through the implementation of the Oregon Plan. This Executive Order provides the framework and direction for state agencies to implement (to the extent of their authorities) the Oregon Plan in a timely and effective manner. This Executive Order also provides a framework for extending the state’s efforts beyond a focus on Oregon Coast coho, to watersheds and fisheries statewide. Consistent with the principle of adaptive management, this Order applies the experience gained to date in implementing the Oregon Plan to provide additional detailed direction to state agencies. Finally, this Executive Order establishes a public involvement process to prioritize continuing efforts under the Oregon Plan.
NOW THEREFORE, IT IS HEREBY ORDERED AND DIRECTED:
(1) Overall Direction
(a) Agencies of the State of Oregon will, consistent with their authorities, fully implement the state agency efforts described in the Oregon Plan and in this Executive Order.
(b) The overall objective for state agencies under the Oregon Plan and this Executive Order is to protect and restore salmonids and to improve water quality.
(c) The Governor will, in cooperation with the Joint Committee, IMST, affected state agencies, watershed councils, and other affected local entities and persons develop and implement a process to set biological and habitat goals and objectives to protect and restore salmonids on a basin or regional basis as soon as practicable. Once these goals and objectives are established, they will be used by state agencies to evaluate their regulatory and non-regulatory programs and measures relating to the protection and restoration of salmonids. Through this on-going evaluation, state agencies will determine any changes to their programs or measures that may be necessary to meet the biological and habitat goals and objectives. In the interim, the following objectives in subsections (d) and (e) shall apply to agencies’ implementation of the Oregon Plan and this Executive Order.
(d) Actions that state agencies take, fund and/or authorize that are primarily for a purpose other than restoration of salmonids or the habitat they depend upon will, considering the anticipated duration and geographic scope of the actions:
(B) not appreciably reduce the likelihood of the survival and recovery of salmonids in the wild.
(f) With the broadening of the Oregon Plan, prioritizing all agency actions according to coho core areas is no longer appropriate. Each state agency participating in the Oregon Plan, in consultation with ODFW and other partners involved in the implementation of the Plan and through a public involvement process, will modify their existing work programs in the Oregon Plan to prioritize agency measures to protect and restore salmonids in a timely and effective manner. The work programs will continue to identify key specific outcomes, refine and improve designations of priority areas, and establish completion dates. These modifications will be submitted to the Governor, the Joint Committee, and to the appropriate boards and commissions as soon as possible, but in no event later than June 1, 1999. Progress reports on action plans will be submitted to the Governor, the Joint Committee, and to the appropriate boards and commissions on an annual basis. In prioritizing their efforts, state agencies shall consider how to maximize conservation benefits for salmonids and the habitat they depend on within limited resources and whether their actions are likely to increase populations of salmonids in the foreseeable future.
(g) State agencies will work cooperatively with landowners, local entities and other persons taking actions to protect or restore salmonids.
(h) As the Oregon Plan grows in geographic scope and in intensity of activity, there is a growing need to streamline and prioritize state agency activity at the regional level. One proposal has been to organize state natural resource agency field operations along hydrologic units. Therefore, state agencies will consider this proposal and, through the collective efforts of state agency directors, develop an organization plan that focuses state agency field effort on the activities and areas of highest priority under the Oregon Plan.
(i) State agencies will continue to encourage and work with agencies of the U.S. government to implement the federal measures described in the Oregon Plan. In addition, the state agencies will work with the federal government to develop additional means of protecting and restoring salmonids. Where appropriate, state
agencies will request that federal agencies obtain incidental take permits under Section 7 of the federal ESA for state actions that are funded or authorized by a federal agency.
(j) State agencies will help support efforts to evaluate watershed conditions, and to develop specific strategic plans to provide for flood management, water quality improvement, and salmonid restoration in basins around the state, including the Willamette basin through the Willamette Restoration Initiative.
(k) The IMST will continue to provide oversight to ensure the use of the best scientific information available as the basis for implementation of and for adaptive changes to the Oregon Plan. State agencies will ensure that the IMST receives data and other information reasonably required for its functions in a timely manner. The Governor’s Natural Resources Office (GNRO) has requested that the IMST’s initial priority be review of the freshwater habitat needs of coho and the relationship between population levels, escapement levels, and habitat characteristics. The GNRO also will continue to request that the IMST annually review monitoring results and identify where the Oregon Plan warrants change for scientific or technical reasons and make recommendations to the appropriate agency on those adjustments that appear necessary. Agencies will report their responses to any recommendations by the IMST to the Governor and to the Joint Committee. Any other changes identified by the IMST as necessary to achieve properly functioning riparian and aquatic habitat conditions required to protect and restore salmonids will be forwarded to the appropriate governmental entity for its consideration of the adoption of new, changed, or supplemental measures as rapidly as possible while providing for public involvement. Each state agency, by June 1, 1999, will ratify a monitoring team charter through an interagency memorandum. A draft of the charter is contained in the 1998 Oregon Plan Annual Report.
(l) Monitoring is a key element of the Oregon Plan. Each state agency will actively support the monitoring strategy described in the Oregon Plan. Each affected agency will participate on the monitoring team to coordinate activities and integrate analyses. Each agency will implement an appropriate monitoring program to assess the effectiveness of their programs and measures in meeting the objectives set forth in the Oregon Plan on an annual basis. In addition, agencies with regulatory programs that are included in the Oregon Plan will determine levels of compliance with regulatory standards and identify and act on opportunities to improve compliance levels.
(m) If information gathered regarding the effectiveness of measures in the Oregon Plan shows that existing strategies within state control are not achieving expected improvements and objectives, the agency(ies) responsible for those measures will seek appropriate changes in their regulations, policies, programs, measures and other areas of the Oregon Plan, as required to protect and restore coho and other salmonids. Such modification or supplementation will be done as rapidly as possible, consistent with public involvement.
(n) Agencies are using geographically-referenced data in their efforts under the Oregon Plan, and will be using Geographic Information Systems (GIS) in the analysis of these data. In doing so, the State GIS Plan, developed by the Oregon Geographic Information Council (OGIC) (see Executive Order 96-40) will be followed, with specific adherence to the Plan guidance on data documentation, coordination and data sharing. The agency with primary responsibility for gathering and updating the specific data will be responsible for meeting the requirements of the Plan, and to ensure coordination with OGIC, the State Service Center for GIS and other cooperating agencies. In addition, state agencies will cooperate with the Governor’s Watershed Enhancement Board (GWEB), Soil and Water Conservation Districts (SWCDs), local watershed councils, landowners and others in making these essential data available.
(o) Geographically-based strategies to assess and achieve habitat needs and adequate escapement levels will be used, and the state agencies will continue with the development of standardized watershed assessment protocols, including a cumulative effects assessment. State agencies will also continue with the development of habitat restoration guides to evaluate and direct habitat restoration efforts.
(2) Continuation and Expansion of Existing Efforts. Without limiting the generality of section (1)(a) of this Executive Order, the following subsections of this Executive Order describe some of the many efforts in the Oregon Plan where the initial phase of work has been completed, and where efforts will be continued.
(a) The Oregon Fish & Wildlife Commission (OFWC), the Oregon Department of Fish & Wildlife (ODFW), and the Pacific Fishery Management Council (PFMC) are managing ocean and terminal fisheries according to the measures set forth in the Oregon Plan (ODFW I-A.1 and III-A.1). These measures set a maximum mortality rate (resulting from other fisheries) for any of four disaggregated stocks of coho of fifteen percent (15%) under poor ocean conditions. In 1997, the mortality rate from harvest is estimated to have been between nine and eleven percent (9-11%). ODFW and OFWC will continue these measures in state waters, and will actively support continued implementation of the ocean harvest measures by the PFMC (Amendment 13 to the Council’s salmon management plan) until and unless a different management regime agreeable to NMFS is adopted.
(b) The OFWC and ODFW will ensure that the fish hatchery measures set forth in the Oregon Plan are continued by the OFWC and ODFW. ODFW is marking all hatchery coho on the Oregon Coast. This marking will allow increased certainty in estimating hatchery stray rates beginning in 1999. Available data on hatchery stray rates for coho and steelhead are being provided to NMFS on an annual basis. The number of hatchery coho released is estimated to have been 1.7 million in 1998 — substantially below the level called for in the Oregon Plan. This number will be reduced to 1.2 million in 1999. In addition, ODFW has, and will continue to provide annual reports regarding: (i) the number of juvenile hatchery coho that are released by brood year, locations and dates of release, life stage, and broodstock origin; (ii) the number of adult coho taken for broodstock for each hatchery, the location and date of collection, and the origin (hatchery or natural); (iii) the number of hatchery coho estimated to have spawned in natural habitat by basin; (iv) the estimated percentage of hatchery coho in the total natural spawning population; and (v) the mortality of naturally-spawning coho resulting from each fishery. NMFS may provide comments about hatchery programs affecting coho to ODFW, with any concerns to be resolved between NMFS and ODFW.
(c) In addition to recent modifications to hatchery practices and programs, a new vision is needed for how Oregon will utilize hatcheries in the best and most effective manner. Therefore, the ODFW and the OFWC shall engage in a process to create a strategic plan for fish hatcheries in Oregon over the next decade (including state and federally-funded hatcheries, private hatcheries, and the STEP program). The essential elements of this process are as follows: (i) Impartial analysis — conduct an impartial analysis of the scientific bases, and the social and economic effects of Oregon hatchery programs utilizing existing analyses and review where feasible, but conducting new analyses if necessary; (ii) Review the Wild Fish Management Policy (WFMP) — because the future plan for hatcheries in Oregon is dependent on implementation of the WFMP, ODFW shall conduct a science and stakeholder review to determine if this significant policy should be revised and shall make any revision by July 2000; (iii) Frame alternative strategies — convene a group of stockholders to frame alternative strategies, including outcomes and descriptions, of how hatcheries will be used in Oregon over the next decade (these strategies will address the use of hatcheries for wild fish population recovery including supplementation, research and monitoring, public education, and sport and commercial fishing opportunities); (iv) Public review and selection of a strategy — the OFWC shall, after public review and comment, adopt a strategic plan to guide development of future hatchery programs, incorporating the strategy developed and adopted in accordance with subpart (iii) of this paragraph.
(d) Criteria and guidelines directing the design of projects that may affect fish passage have been established in a Memorandum of Understanding (MOU) between the Oregon Department of Transportation (ODOT), ODFW, the Oregon Department of Forestry (ODF), the Oregon Department of Agriculture (ODA), the Division of State Lands (DSL) and the Federal Highway Administration. These guidelines apply to the design, construction and consultations of projects affecting fish passage. Under the MOU, projects requiring regulatory approvals that follow these criteria and guidelines are expedited. Oregon agencies will continue to provide technical assistance to ensure that the criteria and guidelines are applied appropriately in restoration projects, as well as any other projects that may affect fish passage through road crossings and similar structures. ODFW will work with state agencies, local governments, and watershed councils to ensure that Oregon’s standards for fish passage set forth in Exhibit A to the MOU are understood and are implemented.
(e) Fish presence, stream habitat, road and culvert surveys have been conducted for roads within ODOT jurisdiction and county roads in coastal basins, the Lower Columbia basin, the Willamette basin, and the Grande Ronde/Imnaha basins. Among the results of these surveys is the finding that culvert barriers to fish passage affect a substantial quantity of salmonid habitat. For example, surveys of county and state highways in western Oregon found over 1,200 culverts that are barriers to passage. As a result, ODOT is placing additional priority on restoring fish access. For 1998, ODOT repaired or replaced 35 culverts restoring access to 101 miles of salmonid habitat. For 1999, the Oregon Transportation Commission will be asked to fund approximately $4.0 million for culvert modification. ODOT and the Commission will continue to examine means to speed restoration of fish passage and to coordinate priorities with ODFW.
(f) Draft watershed assessment protocols have been developed and are being field tested. Beginning in 1999, SWCDs, watershed councils and others will be able to use the protocols as the basis for action plans to identify and prioritize opportunities to protect and restore salmonids. Watershed action plans have already been completed in a number of basins including the Rogue, Coos, Coquille and Grande Ronde. State agencies will work to support these watershed assessments and plans to the maximum extent practicable. Where watershed action plans have been developed under the protocols, GWEB will ensure that projects funded through the Watershed Improvement Grant Fund are consistent with watershed action plans, and other state agencies will work with SWCDs and watershed councils to ensure that activities they authorize, fund or undertake are consistent with watershed action plans to the maximum extent practicable.
(g) The State of Oregon has developed interim aquatic habitat restoration and enhancement guidelines for 1998. State agencies involved with restoration activities (ODFW, ODF, DSL, ODA, DEQ, and GWEB) will continue to develop and refine the interim guidelines for final publication in April 1999. The guidelines will be applied in restoration activities funded or authorized by state agencies. The purpose of the guidelines will be to define aquatic restoration and to identify and encourage aquatic habitat restoration techniques to restore salmonids.
(h) ODA and ODF have each entered into a Memorandum of Understanding with the Oregon Department of Environmental Quality relating to the development of Total Maximum Daily Loads (TMDLs) and Water Quality Management Area Plans (WQMAPs). ODA will adopt and implement WQMAPs (through the Healthy Streams Partnership) and ODF will review the adequacy of forest practices rules to meet water quality standards. ODF and ODA will evaluate the effectiveness of these measures in achieving water quality standards on a regular basis and implement any changes required to meet the standards.
(i) Agencies are implementing a coordinated monitoring program, as described in the Oregon Plan. This program includes technical support and standardized protocols for watershed councils, stream habitat surveys, forest practice effectiveness monitoring, water withdrawal monitoring, ambient water quality monitoring, and biotic index studies, as well as fish presence surveys and salmonid abundance and survival monitoring in selected subbasins. State agencies are also working to coordinate monitoring efforts by state, federal, and local entities, including watershed councils. State agencies will work actively to ensure that the monitoring measures in the Oregon Plan are continued.
(j) GWEB has put into place new processes for identifying and coordinating the delivery of financial and technical assistance to individuals, agencies, watershed councils and soil and water conservation districts as they implement watershed restoration projects to improve water quality and restore aquatic resources. Over $25 million has been distributed for watershed restoration projects in the last ten years. During the present (1997-99 biennium) GWEB has awarded over $12 million dollars in state and federal funds for technical assistance and watershed restoration activities to implement the Oregon Plan. GWEB and state agencies will continue to seek financial resources to be allocated by GWEB for watershed restoration activities at the local and statewide levels.
(k) State agencies will continue to encourage, support and work to provide incentives for local, tribal, and private efforts to implement the Oregon Plan. In addition, state agencies will continue to provide financial assistance to local entities for projects to protect and restore salmonids to the extent consistent with their budgetary and legal authorities, and consistent with their work programs in the Oregon Plan. To the maximum extent practicable, state agencies will also provide technical assistance and planning tools to provide local conservation groups to assist in and target watershed restoration efforts. These efforts (during 1996 and 1997) are reported in “The Oregon Plan for Salmon and Watersheds: Watershed Restoration Inventory, 1998.” Just a few of the important efforts that have been completed include:
(B) Private and state forest landowners are implementing key efforts under the Oregon Plan, including the road risk and remediation program (ODF-1 and 2). Under this effort in 1996 and 1997, close to 4,000 miles of roads have been surveyed to identify risks that the roads may pose to salmonid habitat. As the risks are identified, they are then prioritized for remediation following an established protocol. Already, 52 miles of forest roads have been closed, 843 miles of road repair and reconstruction projects to protect salmonid habitat have been completed,
and an additional 14 miles of roads have been decommissioned or relocated. In addition, 530 culverts have been replaced, upgraded or installed for fish passage purposes, improving access to a reported 146 stream miles.
(C) Organizations working in Tillamook County have developed the Tillamook County Performance Partnership. The Partnership is implementing the Tillamook Bay National Estuary Program by addressing water quality, fisheries, floodplain management and economic development in the county. Among the actions that the Partnership has already accomplished are: (i) the closure of seven miles of degraded forest roads and the rehabilitation of 469 miles of roads to meet current standards, at a cost of $18 million; (ii) the fencing of 53 miles of streambank, and the construction of three cattle bridges and 100 alternative cattle watering sites, at a cost of $214,000; and (iii) the completion of 24 instream restoration projects and 34 barbs protecting 4,200 feet of streambank, at a cost of $1.3 million dollars.
(D) The Confederated Tribes of the Grande Ronde Community of Oregon have completed a forest management plan that establishes standards for the protection of aquatic resources that are comparable to those found in the Aquatic Conservation Strategy of the Northwest Forest Plan.
(E) A combination of funding from the Oregon Wildlife Heritage Foundation and the National Fish and Wildlife Heritage Foundation (private, non-profit organizations) is providing support for seven biologists to design restoration projects. These projects are prioritized based on stream surveys, and are carried out with the voluntary participation and support of landowners. A ten-year monitoring plan has been funded and implemented to determine project effectiveness.
(F) The Oregon Cattlemen’s Association has implemented its WESt Program that is designed to help landowners better understand their watersheds and stream functions through assessments and monitoring. The WESt Program brings landowners together along stream reaches, and offers a series of workshops, conducted on a site specific basis, free of charge. The workshops include riparian ecology, setting goals and objectives, Proper Functioning Condition (PFC), data collection and monitoring. Over 25 workshops have been held, with attendance ranging from 5 to 30 landowners per workshop. The WESt Program is sponsored by the Oregon Cattlemen’s Association, DEQ, Oregon State University, and GWEB.
(G) Within the Tillamook State Forest road network 1,902 culverts have been replaced or added to improve road drainage and to disconnect storm water runoff from roads reducing stream sediment impacts. Additionally, some of these culverts also improved fish passage at stream crossings. In this process, ODF has also replaced six culverts with bridges improving fish passage to approximately four miles of stream. The Tillamook State Forest in conjunction with many partners, such as the Association of Northwest Steelheaders, GWEB, Simpson Timber Company, Tillamook County, the FishAmerica Foundation, Hardrock Construction Company, the Oregon Wildlife Heritage Foundation, the F&WS, the Oregon Youth Conservation Corps, Columbia Helicopters and Terra Helicopters, has also recently completed instream placement of over 400 rootwads, trees and boulders at a cost of $300,000 for habitat enhancement.
(a) The State of Oregon and the U.S. Department of Agriculture have entered into a Conservation Reserve Enhancement Program (CREP). This cost-share program, one of the first of its kind, will be used to reduce the impacts of agricultural practices through water quality and habitat improvement. The objectives of the CREP are to: (i) provide incentives for farmers and ranchers to establish riparian buffers; (ii) protect and restore at least 4,000 miles of stream habitat by providing up to 95,000 acres of riparian buffers; (iii) restore up to 5,000 acres of wetlands that will benefit salmonids; and (iv) provide a mechanism for farmers and ranchers to comply with Oregon’s Senate Bill 1010 (1993 Or. Laws, ch. 263).
(b) ODF will work with non-industrial forest landowners to administer the Stewardship Incentive Program and the Forest Resources Trust programs to protect and restore riparian and wetland areas that benefit salmonids.
(c) The Oregon Board of Forestry will determine, with the assistance of an advisory committee, to what extent changes to forest practices are needed to meet state water quality standards and to protect and restore salmonids. A substantial body of information regarding the effectiveness of current practices is being developed. This information includes: (i) the IMST report regarding the role of forest practices and forest habitat in protecting and restoring salmonids; and (ii) a series of monitoring projects that include the Storms of 1996 study, a riparian areas study, a stream temperature study, and a road drainage study. Using this information, as well as other available scientific information including scientific information from NMFS, the advisory committee will make recommendations to the Board at both site and watershed scales on threats to salmonid habitat relating to sediment, water temperature, freshwater habitat needs, roads and fish passage. Based on the advisory committee’s recommendations and other scientific information, the Board will make every effort to make its determinations by June 1999. The Board may determine that the most effective means of achieving any necessary changes to forest practices is through regulatory changes, statutory changes or through other programs including programs to create incentives for forest landowners. In the event that the Board determines that legislative changes are necessary to carry out its determinations, the Board will transmit any recommendations for such changes to the Governor and to the Joint Committee at the earliest possible date.
(d) Consistent with administrative rule, and statutory and constitutional mandates for the management of state forests, ODF State Forest management plans will include an aquatic conservation strategy that has a high likelihood of protecting and restoring properly functioning aquatic habitat for salmonids on state forest lands.
(e) ODF will present to NMFS a Habitat Conservation Plan (HCP) under Section 10 of the federal ESA that includes the Clatsop and Tillamook State Forests. ODF has already completed scientific review and has public review underway for this draft HCP. The scientific and public review comments will be considered by ODF in completing the draft HCP. The draft HCP will be presented to NMFS by June 1999. An HCP for the Elliott State Forest was approved by the U.S. Fish & Wildlife Service in 1995. In October of 1997, ODF and DSL forwarded the Elliott State Forest HCP to NMFS with the request that it be reviewed to determine whether it has a high likelihood of protecting and restoring properly functioning aquatic habitat conditions on state forest lands necessary to protect and restore salmonids. Based on discussions surrounding the NMFS review, ODF and DSL will determine what revisions, if any, are required to the Elliott HCP and/or Forest Management Plan to ensure a high likelihood of protecting and restoring properly functioning aquatic habitat for salmonids.
(f) Before the OFWC adopts and implements fishery regulations that may result in taking of coho, ODFW will provide NMFS with all available scientific information and analyses pertinent to the proposed regulation where the harvest measures are not under the jurisdiction of the PFMC, including results of the Oregon Plan monitoring and evaluation program. This information, together with the proposed regulation and supporting analysis, will be provided at least two weeks prior to the OFWC’s action, to give NMFS time to review and comment on the proposed regulations.
(g) ODFW will evaluate the effects of predation on salmonids, and will work with affected federal agencies to determine whether changes to programs and law relating to predation are warranted in order to protect and restore salmonids.
(h) Under Oregon Senate Bill 1010 (1993 Or. Laws, ch. 263), ODA will adopt Agricultural Water Quality Management Area Plans (AWQMAPs) for Tier I and Tier II watersheds by the end of 2002. The AWQMAPs will be designed and implemented to meet load allocations for agriculture needed to achieve state water quality standards. In addition, ODA will work with ODFW, DEQ, GWEB, SWCDs, federal agencies and watershed councils to determine to what extent additional measures related to achieving properly functioning riparian and aquatic habitat on agricultural lands are needed to protect and restore salmonids, giving attention first to priority areas identified in the Oregon Plan. In the event ODA is unable to reach a consensus regarding such measures, ODA will ask the IMST to review areas of substantive scientific disagreement and to make recommendations to ODA regarding how they should be resolved. In the event that legislative changes are needed to implement such measures, ODA will transmit any recommendations for such changes to the Governor and to the Joint Committee at the earliest possible date. In addition, any measures identified as needed by ODA will be implemented at the earliest practicable time.
(i) ODFW will expedite its applications for instream water rights and OWRD will process such applications promptly where flow deficits are identified as adversely affecting salmonids, and where such rights are not already in place. The Oregon Water Resources Department (OWRD) and the Oregon Water Resources Commission (OWRC) will also seek to facilitate flow restoration targeted to streams identified by OWRD and ODFW as posing the most critical low-flow barriers to salmonids. In addition, where necessary, OWRD will continue to work with the Oregon State Police to provide enforcement of water use. Where illegal water uses are identified, OWRD will ensure outcomes consistent with maintenance and restoration of flows.
(j) The Oregon Environmental Quality Commission (EQC) and DEQ will evaluate and will make every effort to utilize their authorities to continue to provide additional protection to priority areas (as determined under section 1(f) of this Executive Order), including in-stream flow protection under state law, and antidegradation policy under the federal Clean Water Act (including Outstanding Resource Waters designations and high quality waters designations).
(k) DSL has proposed to adopt changes to its Essential Salmonid Habitat rules that will provide additional protection for spawning and rearing areas of anadromous salmonids. In addition, ODFW and DSL will consult with the OWRC to determine where it is necessary to administratively close priority areas (including work under General Authorizations) to fill and removal activities in order to protect salmonids. DSL, ODFW, ODF and ODA also will work together to identify means of regulating the removal of organic material (such as large woody debris) from streams where such removal would adversely affect salmonids and would not be contrary to other agency mandates.
(l) DSL will seek the advice of the IMST regarding whether gravel removal affects gravel and/or sediment budgets in a manner that adversely affects salmonids.
(m) The Department of Land Conservation and Development (DLCD), and the Land Conservation and Development Commission (LCDC) will evaluate and, to the extent feasible, speed implementation of existing Goal 5 requirements for riparian corridors.
(n) DLCD, DEQ, ODF, ODA, ODFW, and DSL and their respective boards and commissions will evaluate and implement programs to protect and restore riparian vegetation for the purposes of achieving statewide water quality standards and protecting and restoring aquatic habitat for salmonids.
(o) DLCD, with the assistance of DSL and ODFW, and in consultation with coastal cities and counties, shall review the requirements of Statewide Planning Goal 16 as they pertain to estuarine resources important to the restoration of salmonids, and shall, report its findings to LCDC for its consideration.
(p) The Oregon State Police will work to facilitate the existing cooperative relationship with the NMFS Office of Law Enforcement, as well as to maintain cooperation with other enforcement entities, in order to enhance law enforcement, public awareness and voluntary compliance related to harvest, habitat and other issues addressed in the Oregon Plan.
(q) The Oregon Parks and Recreation Department will continue to work to provide information and education to the public on salmon and steelhead needs through park programs and interpretive aids.
(r) The Oregon Marine Board will work to ensure fish friendly boating and to develop boating facilities that protect salmonids.
(s) State natural resource agencies will continue, to the extent feasible, to support watershed councils by providing technical assistance to develop watershed assessments, restoration plans and to develop watershed priorities to benefit salmonids. In addition, state natural resource agencies will work on a larger watershed scale to develop basin-wide restoration priorities.
(4) Future Modifications; Public Involvement for the Oregon Plan Generally. The GNRO will solicit public comments and input from participants in the Oregon Plan regarding whether there are refinements or changes to the Plan and/or the organizational framework for implementing the Plan that are necessary or desirable based on the experience gained over the past three years, or resulting from the widespread listings and proposed listings of salmon and trout under the federal ESA. Based on this public involvement, the GNRO will provide a report and recommendations to the Governor and the Joint Committee regarding whether modifications are necessary to the Oregon Plan in order to protect and restore coho and other salmonids.
(5) Definitions. For purposes of this Executive Order:
(a) The “Oregon Plan” means the Oregon Coastal Salmon Recovery Initiative, dated March 1997, and the Steelhead Supplement, dated January 1998. “Oregon Plan,” as used in this Order, is intended to be consistent with the definition of the Oregon Coastal Salmon Recovery Initiative in Oregon Senate Bill 924 (1997 Or. Laws, ch. 7), and to include the Healthy Streams Partnership (1993 Or. Laws, ch. 263).
(b) “Protect” has the meaning given in section (1)(d) of this Executive Order.
(c) “Restore” has the meaning given in section (1)(e) of this Executive Order. Restore necessarily includes actions to manage salmonids to provide for adequate escapement levels, and actions to increase the quantity and improve the quality of properly functioning habitat upon which salmonids depend.
(d) “Coho” means native wild coho salmon found in rivers and lakes along the Oregon Coast.
(e) “Salmonids” means native wild salmon, char and trout in the State of Oregon.
(6) Effective Date; Relation to Federal ESA. This Executive Order will take effect on the date that it is filed with the Secretary of State. The State of Oregon will continue to work with NMFS to determine the appropriate relationship between the Oregon Plan and NMFS’s efforts under the federal ESA.
Done at Salem, Oregon, this 8th day of January, 1999.
/S/______________________________
John A. Kitzhaber, M.D.
GOVERNOR
ATTEST:
/S/___________________________
Suzanne Townsend
DEPUTY SECRETARY OF STATE
