(1) In order to carry out the provisions of ORS 498.301 and 498.306, the following minimum standards and criteria apply to actions of the State Fish and Wildlife Commission and the State Department of Fish and Wildlife with regard to fish screening or by-pass devices:
(a) Standards and criteria shall address the overall level of protection necessary at a given water diversion and may not favor one technology or technique over another.
(b) Standards and criteria shall take into account at least the following factors relating to the fish populations present at a water diversion:
(A) The source of the population, whether native or introduced and whether hatchery or wild.
(B) The status of the population, whether endangered, threatened or sensitive.
(c) Standards and criteria may take into account the cumulative effects of other water diversions on the fish populations being protected.
(d) Design and engineering recommendations shall consider cost-effectiveness.
(e) Alternative design and installation proposals must be approved if they can be demonstrated to provide an equal level of protection to fish populations as those recommended by the department.
(2) In order to maximize effectiveness and promote consistency relating to the protection of fish at nonhydroelectric water diversions, the department shall establish a single organizational entity to administer all agency activities related to fish screening and by-pass devices.
(3) The department shall emphasize cooperative effort and mutual understanding with those responsible for water diversions that need fish screening or by-pass devices.
(4) The department shall aggressively investigate and encourage the development of new technologies and techniques to provide protection for fish populations at water diversions in order to reduce initial costs, reduce operating costs and improve cost-effectiveness. [1993 c.478 §3; 2005 c.22 §371]Section: Previous 498.301 498.305 498.306 498.310 498.311 498.315 498.316 498.321 498.326 498.331 498.336 498.341 498.346 498.351 498.400 Next
Last modified: August 7, 2008