OAR 635-011-0050: Procedures for Promulgation of Angling Regulations

(1) In accordance with ORS 496.162, Department staff shall continually monitor the status of fish, shellfish, and marine invertebrates and report promptly to the Director and Commission any serious or abnormal changes in health or abundance of the resource. (2) Except as provided in subsections (2)(a) and (2)(b), the Commission shall adopt biennially rules prescribing seasons, bag limits, method of harvest, and specific restrictions considered necessary to provide optimum recreational and aesthetic benefits to anglers and other citizens; (a) In the event more restrictive rules are needed to protect or preserve a species or stock experiencing depletion or drastic decline in health or abundance the Commission shall consider adopting rules at its earliest opportunity to prevent further depletion or decline; (b) In the event more liberal rules are needed to allow anglers to harvest stocks which become more abundant than expected or which would otherwise be wasted, the Commission shall consider adopting rules at its earliest opportunity to prevent waste and provide additional public recreation. (3) In order to facilitate incorporation of all available information relating to angling regulations, and to reduce the costs associated with promulgating rules to establish regulations and making those regulations available to the public, it is desirable that major changes in seasons, bag limits, methods of harvest and specific regulations be made during Major Public Process Cycles which will take place every four years or at such intervals as determined by staff to best incorporate public input and that during interim years, angling regulations be adopted biennially without substantive change. In order to so limit substantive changes to angling regulations to the degree practicable, during Major Public Process Cycles starting in 2013 the following standards and procedures shall be followed: (a) The Department will request proposals for new or modified regulations during Major Public Process Cycles. Such proposals shall include: identity of sponsor, name of waterbody or species, proposed wording, a stated reason the rule is considered necessary. Actions intended to change fishing opportunities must clearly identify need, benefit and rationale for change; must clearly demonstrate the benefit of changing regulations, must clearly acknowledge impacts to other anglers and social support for change, and demonstrate that changes do not cause or increase risk to fish populations, reproduction or recruitment, or maintaining future fisheries. If intended to conserve fish populations, regulation changes must demonstrate a conservation benefit, demonstrate that current regulations do not adequately protect populations. A standard form for submitting proposals will be available from Department offices by January 1 the year of the Major Public Process Cycle; (b) Absent extenuating circumstances only proposals received by February 28 will be included in the process described in subsections (3)(c), (3)(d), (3)(e), and (3)(f); (c) Proposals received by February 28 shall be reviewed by Department staff and enforcement personnel. Reviews will be based on criteria listed in subsection (3)(g). Like proposals may be grouped or consolidated. Proposals not passing department reviews will be eliminated from the process prior to Commission meetings. By May 15 the Department will provide to sponsor, the results of the review and specific basis for rejection or acceptance of the proposal along with relevant comments; (d) A summary of all angling regulation proposals received by February 28 and passing staff and enforcement personnel reviews described in subsection (3)(c) will be publicized through the news media to identify the issues which are being processed; (e) Proposals passing staff and enforcement personnel reviews described in subsection (3)(c) may be presented at public meetings to allow public comment on the merits of the proposal and determine levels of public support for proposed rules. Such meetings will be held prior to July 1; (f) A Commission hearing will be held in late summer or early fall to establish angling regulations. Only properly submitted angling regulation proposals in compliance with subsections (3)(a), (3)(b), and (3)(d) shall be considered; others may be considered at discretion of Commission; (g) In determining the merits and necessity of a proposed regulation and in making the decision on adoption, the Commission may consider one or all of the following. The proposed rule should be: (A) Consistent with ODFW fish management and conservation policies and rules; (B) Consistent with federal fish management plans and mandates; (C) Consistent with statutory mandates and within ODFW’s rule-making authority; (D) Based on an established need; (E) Consistent with biologically sound principles and biologically feasible; (F) Supported by affected citizens and address an established social need; (G) Easily understood with clearly defined limits or boundaries; (H) Enforceable. (h) Proposed regulations which fail to meet these conditions may be eliminated from the Major Public Process prior to Commission consideration. (4) Nothing in this rule shall in any way limit any rights conferred under ORS 183.390 and OAR 137-001-0070.