Oregon Coastal Salmon Restoration Initiative |
Introduction
Many state and federal agencies are
responsible for managing the land and water that salmon depend
on to survive and thrive. Following are descriptions of the statutory
authority and responsibility of the respective state and federal
agencies relative to the OCSRI. A brief overview of the agency's
primary responsibilities is given first, followed by a listing
of the relevant statutes and administrative rules. This section
concludes with a list of key federal statutes which state agencies
must follow.
An Agency Planning and Implementation
Team was formed and consisted of representatives from the state
agencies listed below. The lead person for each agency is identified.
Requests for particular agency statutes and administrative rules
should be directed to these individuals.
The Oregon Legislature has taken
steps to establish the Oregon Department of Agriculture as the
lead state agency working with agriculture to address nonpoint
source pollution. Senate Bill 1010, passed in the 1993 legislative
session, provided the Department of Agriculture with the authority
to develop, implement, and enforce agricultural water quality
management programs where required by state or federal law. In
1995, the Legislature passed SB 502, giving the Department of
Agriculture exclusive authority to develop any program or rules
that directly regulate farming practices for the purposes of protecting
water quality.
SB 1010 provides a structure for
developing and implementing a local watershed plan to prevent
and control water pollution associated with agricultural activities
and soil erosion. ODA's authority is triggered where a water
quality management plan is required by state or federal law (e.g.,
TMDL basins, groundwater management areas, coastal zone management
area). SB 1010 directs ODA to work with farmers and ranchers
to develop overall Water Quality Management Plans for listed watersheds.
The watershed plans identify problems in the watershed that need
to be addressed and outline ways to correct them. The intent
of SB 1010 is to provide a role for ODA to assist producers in
addressing those agricultural activities in watersheds known to
have the most problems with water quality, to prevent pollution
problems wherever possible, and to alleviate any existing problems.
ODA's budget proposal for 1997-99
requests sufficient resources to develop an overall umbrella plan
for the coastal zone management area, as well as six basin and/or
subbasin plans. The basin plans will address specific agricultural
nonpoint source pollution concerns in the individual basins.
This program will be developed and implemented in close coordination
with OCSRI priorities and objectives.
The Confined Animal Feeding Operations
(CAFO) Program is defined under ORS 468B.200.230, and ensures
compliance with existing clean water laws of nonpoint pollution
sources related to animal feeding operations. Its objective is
to improve water quality by improving the level of compliance
of CAFOs with water quality regulations through inspections, educational
outreach, technical assistance, and timely and effective enforcement
where needed.
In support of the salmon initiative,
the Department of Agriculture will target CAFOs in the coastal
zone management area as a major priority and initiate an aggressive
compliance assurance program for this area. ODA's budget proposal
for 1997-99 requests additional resources which would enable the
CAFO program to address this priority on a sustained basis.
Statutes
ORS 568.900 - 568.933 (SB 1010)
Authority to develop, implement and enforce agricultural
water quality management plans.
ORS 468B.200 - 468B.230 (SB 1008)
Authority to regulate confined animal feeding operations
for water quality purposes.
ORS 561.191 (SB 502) Provides that
any regulation of farming practices for water quality is to
be done by ODA. Can be interpreted
to expand ODA water quality authority to new areas not necessarily
authorized by SB 1010. An example is the prescriptions of conditions
to protect water quality for CWA Section 401 certification of
federal grazing permits.
ORS 561.400 Natural Resources Division
of ODA may solicit cooperation and assistance of
state agencies.
ORS 564.115 In developing conservation
programs for threatened or endangered plants, ODA
shall consult with affected state
agencies; state agencies required to consult with ODA before taking
certain actions.
ORS 634.005 - 634.992 Oregon Pesticide
Control Act
Administrative Rules
OAR 603-90 SB 1010
OAR 603-74 Confined Animal Feeding
Operations
OAR 603-76 Prevent grazing permitees
on federal lands from causing violations of state water
quality standards.
OAR 603-57 Pesticide regulations
The Oregon Department of Environmental
Quality is responsible for protecting and maintaining water quality
in Oregon. DEQ sets scientifically-based water quality standards
at a level that will protect public water for human consumption
and aquatic uses, and then takes action to assure water quality
standards will be met now or in the future through a combination
of enforceable permits, monitoring, technical assistance, and
cooperative agreements with the Oregon Department of Agriculture,
Department of Forestry, and other state and federal agencies.
Statutes
ORS 196.408 State agencies shall
coordinate development of coastal and ocean information systems,
oil spill and hazardous materials response, and damage assessment
and compensation in the marine environment with adjacent states.
ORS Chapter 468B Water Quality
ORS 468B.035 Implementation of Federal
Water Pollution Control Act
ORS 468B.048 Standards of Quality
and Purity
ORS 468B.050 When Permit Required
ORS 468B.100 - 110 Forest Operations
ORS 466.135 DEQ shall send copies
to ODFW of applications for a hazardous waste disposal site permit.
ODFW shall respond as to whether permit applications should be
granted. DEQ shall consider ODFW's comments.
ORS 468B.015 The public policy of
the state, as set out in the state Clean Water Act, is that DEQ
cooperate with other agencies of the state (ODFW) in order to
carry out the objectives of the Clean Water Act.
ORS 466.620 Environmental Quality
Commission (EQC) shall adopt an oil and hazardous material emergency
response master plan after consultation with appropriate agencies.
ORS 468.035 DEQ shall consult and
cooperate with other state agencies with respect to any proceedings
and all matters pertaining to the control of air or water pollution
or for the formation and submission to the legislature of interstate
pollution control compacts or agreements.
ORS 468.668 ODFW, along with other
named agencies, shall develop a proposed long-range plan to be
adopted by the Habitat Conservation Trust Fund Board (the plan
is used to determine funding under the Resource Conservation Sinking
Fund). ODFW also required to periodically monitor and annually
report to the legislature on habitat conservation projects that
receive funding under the Resource Conservation Funding statutes.
ORS 468A.595 Before promulgating
rules regulating open field burning, EQC shall consult with interested
agencies.
ORS 468B.040 DEQ shall solicit and
consider comments of all affected state agencies regarding adverse
impacts on water quality.
ORS 468B.060 ODFW may bring suit
against party responsible for damage to fish or wildlife or habitat.
ORS 468B.090 DEQ shall consult with
and obtain approval of ODFW before issuing a permit to discharge
shrimp and crab processing by-products into Oregon estuary.
ORS 468B.365 Before approving or
modifying an oil spill contingency plan, DEQ shall submit it to
ODFW for review.
ORS 468B.400 ODFW shall develop and
implement a program to provide wildlife rescue training for volunteers.
Administrative Rules
OAR 340-40 Groundwater Protection
OAR 340-41 DEQ Water Quality Standards
OAR 340-43 Chemical Mining
OAR 340-44 Construction and Use of
Waste Disposal Wells
OAR 340-45 NPDES and WPCF Permits
OAR 340-47 Oil Spills
OAR 340-48 Certification of Compliance
with Water Quality Standards
OAR 340-50 Management of Sewage Sludge
OAR 340-51 Confined Animal Feeding
Operations
OAR 340-55 Use of Reclaimed Water
OAR 340-56 Instream Water Rights
OAR 340-71 On-Site Sewage Treatment
The Oregon Fish and Wildlife Commission
and the Department of Fish and Wildlife have extensive responsibility
for the use and protection of fish and wildlife within the state.
The agency mission is to "protect and enhance Oregon's fish
and wildlife and their habitats for use and enjoyment by present
and future generations." Under this mission, ODFW has a
dual role of regulating use of wildlife and of protecting wildlife
and their habitats for the future. Oregon law gives ODFW authority
for regulating sport and commercial harvest, enforcing laws (done
in conjunction with Oregon State Police), propagation and distribution
of fish and wildlife, and issuing of licenses and permits.
ODFW is also the agency responsible
for long-term monitoring and assessment of wildlife populations;
monitoring of factors, such as habitat condition, that affect
wildlife populations; and informing the public, other agencies
and decision makers on the potential effects of human activities
on wildlife. Despite its mission to protect and enhance wildlife
and their habitats, ODFW has no direct authority over uses of
land and water, and thus has no direct authority over the management
of wildlife habitat. The habitat protection responsibility is
addressed through consultation with numerous other agencies in
relation to how their activities and permits may affect fish and
wildlife habitat and through cooperative approaches with business
and governmental entities and local citizens to protect and enhance
habitat quality.
Statutes
ORS 308.792 - 308.803 Authorizes a property tax deferral for maintaining riparian habitat for wildlife. Applies only to farm and forest land.
ORS 496.012 Establishes wildlife
management policy to prevent serious depletion of any indigenous
species and provides the optimum recreational and aesthetic benefits
for present and future generations. To fulfill this policy, the
Fish and Wildlife Commission (FWC) shall implement six coequal
management goals. This section justifies and requires ODFW involvement
with other agencies' environmental laws, whether those agencies
are mandated to consult with ODFW or not.
ORS 496.172 Oregon Endangered Species
Act
ORS 496.182 Directs the FWC to consult
with other states and affected agencies that have a common interest
in certain endangered or threatened species when developing protection
and conservation programs for that species. Also directs other
state agencies to consult and cooperate with ODFW.
ORS 496-260 - 496.270 Authorizes
a tax credit for fish habitat improvement on private land.
ORS 498.248 ODFW is authorized to
require the installation of screening or bypass devices for fish
protection. Also, until July 1, 1995, ODFW shall implement a
cost-sharing program to screen small water diversions to protect
fish populations (this has been extended).
ORS 498.268 Prohibits the construction,
operation, or maintenance of any dam or artificial obstruction
across any body of water where game fish exist unless a fishway
is provided and requires FWC to determine if the fishway is adequate
for upstream and downstream fish passage.
ORS 498.311. Statute requires
screening of large water diversions.
ORS 498.351 and ORS 509.605. These
statutes require that structures must be capable of passing fish
(one relates to food fish, the other for non-food fish.
ORS 506.109 Requires ODFW to maintain
all food fish at optimum levels and provide optimum economic,
commercial, recreational, and aesthetic food fish benefits through
the implementation of seven goals set out by the statute. This
section requires ODFW involvement with other agencies' environmental
laws, similar to the involvement required by the Wildlife Policy.
ORS 509.605 Similar law to 498.268
requiring fishways over artificial obstructions.
ORS 549.306. Statute requires screening
of small water diversions.
Administrative Rules
OAR 635-07-510 Establishing General
Fish Management Goals
OAR 635-07-521 Natural Production
Policy
OAR 635-07-525 Wild Fish Management
Policy
OAR 635-07-536 Wild Fish Gene Conservation
Policy
OAR 635-07-540 Hatchery Fish Gene
Resource Management Policy
OAR 635-07-595 Transgenic Fish Policy
OAR 635-100-80 to 170 State Endangered
Species Act
The Oregon Department of Forestry
has a multifaceted role in the coastal salmon restoration initiative.
Its key role is implementing the Oregon Forestry Practices Act,
a regulatory program of best management practices administered
on all non-federal forest land. This program regulates harvesting,
road construction, chemical use, reforestation, and prescribed
burning. It is ODF's responsibility to adopt best management
practices (BMPs) that will maintain viable fish and wildlife populations,
and to the maximum extent practicable ensure that forest operations
meet the state water quality standards. It is ODF's intent to
ensure that BMPs are implemented and effective through a balanced
program of education, enforcement, and monitoring.
A supporting role is through ODF's
authority under the Forestry Assistance Program, which provides
technical and cost-share assistance to forest landowners to promote
high levels of voluntary stewardship.
Minor supporting roles are through
the implementation of a fire suppression program and the Forest
Resources Planning program that tracks and analyzes resource trends
and issues related to forest lands.
Statutes
ORS 527.610 - 527.770, 527.990(1)
and 527.992 Oregon Forest Practices Act
Administrative Rules
OAR 629-600 Forest Practice - Definitions
OAR 629-605 Forest Practice - Planning
Forest Operations
OAR 629-610 Forest Practice - Reforestation
OAR 629-615 Forest Practice - Treatment
of Slash
OAR 629-620 Forest Practice - Chemical
and Other Petroleum Products
OAR 629-625 Forest Practice - Road
Construction and Maintenance
OAR 629-630 Forest Practice - Harvesting
OAR 629-635 Forest Practice - Water
Protection: Purpose, Goals, Classification and Riparian Management
Area
OAR 629-640 Forest Practice - Water
Protection: Wetlands and Riparian Management Areas
OAR 629-645 Forest Practice - Water
Protection: Riparian Management Areas and Protection Measures
for Significant Wetlands
OAR 629-650 Forest Practice -Water
Protection: Riparian Management Areas and Protection Measures
for Lakes
OAR 629-655 Forest Practice - Water
Protection: Protection Measures for "Other Wetlands,"
Seeps and Springs
OAR 629-660 Forest Practice - Water Protection: Specific Rules for Operations Near Waters of
the State
OAR 629-665 Forest Practice - Specified
Resource Site Protection Rules
The role of the Oregon Department
of Geology and Mineral Industries in the Coastal Salmon Restoration
Initiative is in its regulatory authority over upland surface
mining activities in Oregon. DOGAMI reviews and permits mining
and reclamation plans, inspects mines, and enforces mining statutes
and rules. Because run-off from mines may be a sediment source
to streams, and poor reclamation practices may lead to sediment
influx to streams, monitoring of mines in coastal watersheds is
a line of defense against preventable turbid run-off. The department's
goal is to minimize this sediment source and to increase the awareness
among miners of the salmon issue.
Statutes
ORS 516.030 DOGAMI shall initiate,
carry out, or administer studies and programs that will, in cooperation
with state and local government agencies, reduce the loss of life
and property from mining. DOGAMI shall also cooperate with federal
or other agencies for the performance of work in Oregon.
ORS 517.820 DOGAMI shall consult
with interested state agencies prior to approving a mining reclamation
plan.
ORS 517.956 For chemical process
mines, ODFW shall approve plans to monitor and report fish and
wildlife mortality, establish review standards for developing
fish and wildlife protections, and certify surface reclamation
of sites.
ORS 517.988 ODFW shall develop conditions
for protection of fish and wildlife that shall be included in
chemical process mining permits.
ORS 522.145 DOGAMI shall circulate
applications for geothermal well permits to ODFW for suggested
conditions.
The Land Conservation and Development
Commission (LCDC) and its administrative arm, the Department of
Land Conservation and Development (DLCD), manage Oregon's statewide
program for land-use planning. LCDC sets broad standards for
planning in the form of 19 statewide planning goals and relative
administrative rules. LCDC's responsibility in salmon recovery
is to ensure that statewide planning goals (and, by extension,
local plans and land-use decisions) are applied in a manner that
avoids damage to salmon habitat and associated resources. DLCD
reviews city and county plans and key state agency programs to
ensure their consistencies with state land-use policies. DLCD's
mission is to protect and enhance Oregon's quality of life through
sound local land-use planning.
Statutes
ORS 92 Subdivisions and Partitions:
Establishes the basic framework for the local review
and recordation of subdivisions
and land partitions.
ORS 195 Local Government Planning
Coordination: Establishes requirements for local
government coordination of planning
activities.
ORS 196 Ocean Resource Planning (also
pertains to Wetlands and Rivers and Removal and
Fill): Establishes the framework
for planning and management of ocean resources.
ORS 197 Comprehensive Land Use Planning
Coordination: LCDC and DLCD's enabling
statute. Establishes the basic
framework and requirements for Oregon's Statewide
Comprehensive Planning Program.
ORS 215 County Planning; Zoning (also
includes Housing Codes).
Provides authority to counties to
establish planning commissions and comprehensive plans and zoning
regulations. Contains the basic statutory requirements for protection
of agricultural and forest lands.
ORS 227 City Planning and Zoning:
Provides authority to cities to establish planning
commissions and comprehensive plans
and zoning regulations.
Administrative Rules
OAR 660-01 Procedures
OAR 660-02 Delegation of authority
OAR 660-03 Procedure for review of
local plans
OAR 660-04 Interpretation of Goal
2 Exception process
OAR 660-06 Goal 4 Forest Lands
OAR 660-07 Metropolitan Housing
OAR 660-08 Interpretation of Goal
10 Housing
OAR 660-09 Industrial and Commercial
Development
OAR 660-11 Public Facilities Planning
OAR 660-12 Transportation Planning
OAR 660-14 Incorporation of New Cities
OAR 660-15 Statewide Planning Goals
and Guidelines
OAR 660-16 Statewide Planning Goal
5
OAR 660-17 Classifying Oregon Estuaries
OAR 660-18 Review of Amendments to
Plans and Land Use Regulations
OAR 660-19 Periodic Review (relates
to former statute)
OAR 660-20 Willamette River Greenway
OAR 660-21 Urban Reserves
OAR 660-21 Procedures and Requirements
for Complying with Goal 5
OAR 660-25 Periodic Review (relates to new statute)
OAR 660-30 State Agency Coordination
Programs
OAR 660-31 State Permit Compliance
OAR 660-33 Agricultural Land
OAR 660-35 Federal Consistency
OAR 660-40 Certification or Copying
Public Records
Statewide Planning Goals
Goal 1 Citizen Involvement
Goal 2 Land Use Planning
Goal 3 Agricultural Lands
Goal 4 Forest Lands
Goal 5 Open Spaces, Scenic and Historic
Areas, and Natural Resources
Goal 6 Air, Water, and Land Resources
Quality
Goal 7 Areas Subject to Natural
Disasters and Hazards
Goal 8 Recreational Needs
Goal 9 Economic Development
Goal 10 Housing
Goal 11 Public Facilities and Services
Goal 12 Transportation
Goal 13 Energy Conservation
Goal 14 Urbanization
Goal 15 Willamette River Greenway
Goal 16 Estuarine Resources
Goal 17 Coastal Shorelands
Goal 18 Beaches and Dunes
Goal 19 Ocean Resources
The Oregon Department of Transportation
is the state road authority. In this capacity, ODOT constructs,
operates, maintains, and administers the state transportation
network that parallels many major coastal streams and the Pacific
Ocean. ODOT's role in this initiative is to evaluate and modify
road maintenance and construction practices with the intent of
minimizing, to the extent practicable, impacts associated with
the activities.
The Division of State Lands administers
Oregon's Removal-Fill Law, which was intended to protect, conserve,
and allow the best use of the state's water resources. This law
requires that a permit be obtained from the Division to remove,
fill or alter more than 50 cubic yards of material within the
bed or banks of most of the state's waterways, including wetlands
and the Pacific Ocean; and for all fills, removals and alterations
within State Scenic Waterways and areas designated as essential
indigenous anadromous salmonid habitat.
The DSL also manages state-owned
Common School Fund Trust lands, including most of the Elliott
State Forest in Coos and Douglas Counties, as well as submerged
and submersible lands beneath tidally-influenced and navigable
waterways. These resources are managed under the Oregon Constitution
for the greatest benefit of the people of the state, and consistent
with sound conservation practices. Before issuing a permit or
lease, DSL must consult with DEQ, ODFW and a wide range of other
potentially affected agencies and parties.
Statutes
ORS 196.600 to 196.665 Oregon Mitigation
Bank Act
ORS 196.668 to 196.692 Wetland Inventory
and Wetland Conservation Plans
ORS 196.800 to 196.990 Removal-Fill
Law, Including Essential Indigenous Anadromous
Salmonid Habitat Provisions
ORS 273.553 - 273.558 South Slough
National Estuarine Research Reserve
ORS 273.563-273.591 Natural Heritage
Program
ORS 390.805 to 390.925 Removal and
Filling in State Scenic Waterways
Administrative Rules
OAR 141-50-500 to 50-999 Natural
Heritage Program Rules
OAR 141-85-005 to 85-090 Removal-Fill
OAR 141-85-101 to 85-180 Freshwater
Wetland Compensatory Mitigation
OAR 141-85-240 to 85-266 Estuarine
Mitigation
OAR 141-86-005 to 86-170 Wetland
Conservation Plans
OAR 141-86-180 to 86-240 Local Wetland
Inventories
OAR 141-89-005 Fish Habitat Enhancement
Projects
OAR 141-89-010 Erosion Control Activities
OAR 141-89-015 Road C