The owner or operator of an artificial obstruction already located or to be installed in waters in which native migratory fish are currently or were historically present must address fish passage requirements prior to certain trigger events.
Trigger events include installation, major replacement, a fundamental change in permit status (e.g., new water right, renewed hydroelectric license), or abandonment of the artificial obstruction. Thresholds of actions constituting a "trigger" of fish passage laws vary for different types of artificial obstructions. For more details regarding triggers, see OAR 635-412-0005(9) and (25).
Artificial obstructions include dams, diversions, roads, culverts, tide gates, dikes, levees, berms, or any other human-made device placed in the waters of Oregon that may preclude or prevent the migration of native migratory fish.
Native migratory fish include native salmon, trout, lamprey, sturgeon, and suckers, as well as a few other species. It is ODFW's responsibility to determine the current or historical presence of native migratory fish. If the owner/operator knows that native migratory fish are or were present at the site, then the owner/operator does not need to contact ODFW for this determination and may proceed with meeting fish passage requirements.
Addressing fish passage entails the owner/operator obtaining from ODFW: 1) approval for a passage plan when passage will be provided, 2) a waiver from providing passage, 3) an exemption from providing passage, or 4) a deferral if there is an imminent or immediate threat to human safety. When passage will be provided, approval of plans may occur on a site-by-site basis, on a program basis if an entity is responsible for a large number of artificial obstructions or by following Oregon Departent of Forestry requirements if on non-federal forestlands.
Water related projects often require multiple permits. Please see Common Water Related Projects for information on other permits that may be required to accomplish your project.
Passage Plan - Approximately one month. Programmatic Approval - Likely to take six months. Waivers and Examptions - Up to three or more months, which includes a three week public comment period. Deferral - May be issued as soon as the applicant justifies the threat to human safety and describes the urgency of the situation Passage at Road-Stream Crossings on Non-Federal Forestland - No application or approval from ODFW is required as long as the Oregon Dept. of Forestry (ODF) rules and guidelines are followed
Agency Information
Please refer to the Agency Website for further details and additional information.
