ORS 509.580: Definitions for ORS 509.580 to 509.590, 509.600 to 509.645 and 509.910; rules.

As used in ORS 509.580 to 509.590, 509.600 to 509.645 and 509.910: (1) “Artificial obstruction” means any dam, diversion, culvert or other human-made device placed in the waters of this state that precludes or prevents the migration of native migratory fish. (2) “Construction” means: (a) Original construction; (b) Major replacement; (c) Structural modifications that increase storage or diversion capacity; or (d) For purposes of culverts, installation or replacement of a roadbed or culvert. (3) “Emergency” means unforeseen circumstances materially related to or affected by an artificial obstruction that, because of adverse impacts to a population of native migratory fish, requires immediate action. The State Fish and Wildlife Director may further define the term “emergency” by rule. (4) “Fundamental change in permit status” means a change in regulatory approval for the operation of an artificial obstruction where the regulatory agency has discretion to impose additional conditions on the applicant, including but not limited to licensing, relicensing, reauthorization or the granting of new water rights, but not including water right transfers or routine maintenance permits. (5) “In-proximity” means within the same watershed or water basin and having the highest likelihood of benefiting the native migratory fish populations directly affected by an artificial obstruction. (6) “Native migratory fish” means those native fish that migrate for their life cycle needs and that are listed in the rules of the State Fish and Wildlife Director. (7) “Net benefit” means an increase in the overall, in-proximity habitat quality or quantity that is biologically likely to lead to an increased number of native migratory fish after a development action and any subsequent mitigation measures have been completed. (8) “Oregon Plan” means the guidance statement and framework described in ORS 541.898. [2001 c.923 §1]