Chapter 882 Oregon Laws 1999

Session Law

AN ACT

HB 2102

Relating to comprehensive fish passage program; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 1999 Act is added to and made a part of ORS 543.010 to 543.610.

SECTION 2. For the period beginning on the effective date of this 1999 Act and ending June 30, 2001, the State Fish and Wildlife Commission shall not initiate action under ORS 498.351, 509.605, 509.610, 509.620, 509.625 or 509.640 with respect to an existing hydroelectric project operating under a state or federal license issued before the effective date of this 1999 Act, except as part of the process of reauthorization under the provisions of ORS chapter 543A.

SECTION 3. (1) Notwithstanding ORS 498.351, 509.605, 509.610, 509.620, 509.625 or 509.640, for the period beginning on the effective date of this 1999 Act and ending June 30, 2001, the State Fish and Wildlife Commission may enter into a memorandum of understanding that waives the requirements of ORS 498.351 or 509.605 for any new project or modification of an existing project if:

(a) The commission determines, after sufficient opportunity for public review and comment, that alternative mitigation proposed by the project owner or operator would provide a net benefit to wild anadromous and other migratory native fish; and

(b) The proponent of the alternative mitigation submits a memorandum of understanding for approval by the commission on or before January 1, 2001.

(2) Any proposed alternative passage and mitigation for the project in lieu of providing a fishway under ORS 498.351 or 509.605 shall not include a hatchery component or the introduction of exotic fish species within the project area.

SECTION 4. (1) Not later than 60 days after the effective date of this 1999 Act, the State Fish and Wildlife Director shall convene a fish passage task force. The task force shall include one or more representatives from:

(a) The State Department of Fish and Wildlife;

(b) The office of the Governor;

(c) The Water Resources Department;

(d) Oregon counties;

(e) Oregon cities;

(f) Special districts;

(g) Water utilities;

(h) Water user organizations;

(i) Environmental organizations;

(j) Hydroelectric project operators;

(k) Angling and fish conservation organizations; and

(L) Indian tribal governments.

(2) In addition to the members of the task force set forth under subsection (1) of this section, the director shall also invite a representative of any federal agency affected by the fishway or fish passage requirements.

(3) The task force shall develop recommendations, including recommendations for alternative mitigation requirements, to be presented to the Seventy-first Legislative Assembly. The recommendations shall include suggested legislative changes necessary to improve the benefits to fish resulting from fish passage, fishway and alternative mitigation requirements. The task force shall coordinate any recommendations related to hydroelectric projects with the recommendations of the task force on hydroelectric issues established under section 39, chapter 449, Oregon Laws 1997.

(4) Any legislation proposed by the task force shall comply with the requirements of ORS 171.132.

SECTION 5. Sections 2, 3 and 4 of this 1999 Act are repealed June 30, 2001.

SECTION 6. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor July 30, 1999

Filed in the office of Secretary of State July 30, 1999

Effective date July 30, 1999

__________