Fish Division Marine and Columbia River Fisheries Program

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1 Fish Division Marine and Columbia River Fisheries Program Organization Chart GOVERNOR COMMISSION DIRECTOR DEPUTY DIRECTOR OF FISH & WILDLIFE PROGRAMS DEPUTY DIRECTOR OF ADMINISTRATIVE PROGRAMS FISH DIVISION WILDLIFE DIVISION HUMAN RESOURCES DIVISION MARINE AND COLUMBIA RIVER PROPAGATION FISHERIES PROGRAM INFORMATION & EDUCATION DIVISION MARINE RESOURCES COLUMBIA RIVER MANAGEMENT AND OCEAN SALMON INFORMATION SYSTEMS DIVISION ADMINISTRATIVE SERVICES DIVISION Positions = 229 FTE = Biennium Legislatively Adopted Budget Page 575

2 Primary Outcome Area: Healthy Environment Secondary Outcome Area: Jobs & Economy Program Contact: Ed Bowles, Executive Summary In Oregon, there is an expectation fresh fish will always be available in the grocery store or on the restaurant menu, and that future generations will always be able to throw a fishing line into the water and experience the thrill of the bite. The staff in the Marine and Columbia River Fisheries Program (MCRFP) are the scientists and resource managers who sustainably manage fish and wildlife in Oregon s ocean and Columbia Basin to help make these expectations a reality. Through extensive partnerships within and outside Oregon, Program staff are on the front lines of Oregon s efforts to protect and enhance our natural resources. The success of the Program contributes to the quality of life Oregonians treasure and provides opportunities that help sustain rural and urban economies throughout the state. Program Funding Request MCRFP received just over $35 million for the biennium, which represents a continuation of priority components of the current program, some program reductions, and one program expansion (Federally funded program, explained below). Programmatic increases over the subsequent biennia are not anticipated at this time Fund Existing Reductions Type LAB Services & POPs LAB GF 3,424,096 2,030,908 1,813,873 3,844,781 LF 435, OF 17,796,225 16,226,704 (489,260) 15,737,444 FF 15,397,969 15,772,314 (11,325) 15,760,989 Total 37,053,636 34,029,926 1,313,288 35,343,214 MCRFP performance under this budget includes maintaining the program s ability to manage fisheries, conduct habitat assessments, conduct species and selective fishing gear assessments, complete technical reviews of Biological Opinions participate in state/regional/international arenas for fisheries management and fish recovery. As a result, the program continues to provide current benefits to Oregonians (e.g. fishing opportunity, management plan development and implementation rate, etc.). However, this funding does not include major additions to programs such as innovative solutions required for community-based management of resources or management solutions for the recently listed eulachon and green sturgeon populations. Investment in the MCRFP will lead to healthier stocks, better scientific information about species and habitats, and improved fish survival over the next 10 years. This is exemplified by the recent pink shrimp fishery and spill program achievements described below. These successes will assure continued access to sustainable harvest of fishery species for recreational and commercial fishermen throughout the state Biennium Legislatively Adopted Budget Page 576

3 Program Description The MCRFP manages fish and wildlife for long-term sustainability, providing leadership for Oregon in natural resource stewardship. The Marine and Columbia River Fisheries Program is responsible for fish management in both the mainstem Columbia River and the ocean. This involves working with multiple partners to develop and implement programs to protect, mitigate and enhance fish and shellfish populations and their habitat, and to plan and implement fisheries. Primary goals are to maintain healthy fish and wildlife populations and to help at-risk populations recover while providing as much fishing opportunity as possible on this platform of conservation. MCRFP plays a pivotal role in protecting and enhancing fish and wildlife habitat by applying sound science and monitoring to adapt management strategies in response to changes. These efforts help at-risk salmon and other key species move toward recovery while optimizing fishing opportunities. The MCRFP ensures these fishing opportunities come as a consequence of good stewardship, not at the expense of it. MCRFP staff achieve these goals in several ways. Because the resources managed are diverse and widely distributed, the Program relies on and actively participates in cooperative actions and partnerships that span international boundaries and involve federal agencies, regional entities, tribal governments, environmental groups, fishing interests and local governments. MCRFP staff are Oregon s representatives and technical experts on marine and Columbia Basin fish and wildlife issues, and are often called on to negotiate agreements and outcomes that protect species and key habitats. MCRFP develops and implements science-based monitoring, conservation, mitigation, and management plans in a strategic and coordinated manner to ensure Oregonians get the best return on their investment. MCRFP informs and participates in fisheries management decisions at the state, regional, federal and international levels. The Program implements state policy developed by the Legislature, Governor, and Oregon Fish and Wildlife Commission while including citizens in the process to ensure all voices are heard and to reduce conflict through collaboration. MCRFP conducts rigorous monitoring projects and analyzes trends of keystone species such as salmon which are critical to the success of the Oregon Conservation Strategy/Nearshore Strategy. The Program monitors and evaluates all five key habitats in the nearshore and documents improvements in the quality of the habitats. MCRFP is a critical partner in the successful recovery and delisting of at-risk fish and wildlife species currently listed as threatened or endangered under state and federal Endangered Species Acts (ESA). The program conducts these activities guided by the overarching goal of ensuring long-term sustainability of fish, wildlife, and their habitats, while doing so in a way that supports a healthy economy. This work includes putting in place administrative rules necessary to conduct fisheries management, and participating in state, regional, federal, tribal and international (US-Canada) forums, including regional and international fishery management councils and in Oregon's non-fishery marine resource management programs such as marine mammals, habitat assessments, marine reserves and marine spatial planning Biennium Legislatively Adopted Budget Page 577

4 The Marine and Columbia River Fisheries Program has two sections: Ocean Salmon and Columbia River: This section works with others to plan and implement programs to protect, mitigate and enhance fish populations in the Columbia River Basin. It is also responsible for planning and implementing Columbia River commercial and sport fisheries, and ocean salmon fisheries, including development of administrative rules necessary to conduct the fisheries. This section also serves as the scientific and technical lead in state efforts to minimize and mitigate the effects of hydropower development and operations on fish populations in the Columbia and Snake river systems. Staff monitors fish population status and provides technical analyses and reports on measures necessary to protect, mitigate and enhance Columbia Basin fish. This section also works with international, federal, other state, tribal, and local jurisdictions to manage Oregon s fish populations for sustainability, economic, and other benefits. Columbia River Management & Ocean Salmon 46% Marine & Columbia River Fisheries Expenditures by Program Area $35.34 Million Marine Resources 54% Marine Resources: This section manages marine species and habitats through research, fishery monitoring, and policy engagement. Staff conducts research to provide information on critical marine resource management issues such as fishery bycatch and human-use impacts. Staff also gathers information on marine habitats, fishing activity and biological data from the fisheries, tracks and monitors commercial and recreational fish catches and activity in up to 12 ports along the Oregon coast, and studies the biology of marine organisms for use in resource management programs. Section staff develops, maintains, and analyzes fishery databases, and provides data to fishery management groups. Section staff provides key expert advice and participates in local, statewide, regional and international forums to determine fishery and non-fishery marine resource use and sustainability. Program Justification and Link to 10-Year Outcome MCRFP conserves, protects, and restores key fish and wildlife species in Oregon s ocean and Columbia Basin, using sustainability principles to stabilize and rebuild populations (Healthy Environments Outcome Strategies 2 and 5). This purpose embodies the essence of the 10-Year-Plan for Oregon s Healthy Environment. MCRFP works towards these outcomes in a number of ways. MCRFP manages essentially all commercial fisheries in Oregon and a significant proportion of the recreational fisheries (Healthy Environments Outcome Strategies 2, 5.1 and 5.3) Biennium Legislatively Adopted Budget Page 578

5 The Program also manages marine wildlife species (pinnipeds and seabirds), which are a favorite for wildlife viewing on the coast (Healthy Environments Outcome Strategies 2, 5.1 and 5.3). Without MCRFP, the recreational uses valuable to local communities would diminish through reduced fishery opportunity (Healthy Environments Outcome Strategies 2 and 5.3); without MCRFP, Oregon s commercial fisheries would have to be drastically reduced or, in some cases, eliminated altogether (Healthy Environments outcome Strategies 2 and 5.3); without MCRFP, many species would be put at risk, and numerous jobs would be lost, especially in fragile rural economies (Healthy Environments Outcome Strategies 2 and 5.3). The Program uses fact-based science accessible to policy-makers and the public using state-of-the-art, transparent and user-friendly tools that are now central to decision-making processes at the local, state and regional levels (Healthy Environments Outcome Strategies 2 and 5.3). For example, interactive spatial information about Oregon s nearshore resources is now available through Oregon.MarineMap.org, a website created in part by MCRFP. Without MCRFP, Oregon s coordination and leverage in regional, federal and international forums would be at risk, leading to management decisions at these levels that would be based on priorities developed in other states or jurisdictions (Healthy Environments Outcome Strategies 2, 5.1 and 5.3). Oregon s ability to manage marine and Columbia Basin resources using The Oregon Way would likely have to change (Healthy Environments Outcome Strategies 2, 5.1 and 5.2). Program Performance MCRFP has in its charge a diverse array of fish and wildlife species, including hundreds of species of fish, invertebrates, marine mammals and sea birds. Maintaining healthy populations and rebuilding at-risk populations of these species is a primary objective. Two recent examples of these efforts are pink shrimp fishery management and the development of a spill program for Columbia River hydropower projects. Oregon s pink shrimp fishery is a critical commercial driver, bringing in more than $40 million annually in 2011, 2012, and Under the collaborative management of MCRFP and industry, the pink shrimp fishery became the first shrimp fishery worldwide to receive the coveted Marine Stewardship Council certification for sustainability in 2007, partly due to the use of by-catch reduction devices to exclude at-risk species from the shrimp nets. However, this fishery success story was challenged by the 2010 listing of eulachon smelt under the federal Endangered Species Act. Because eulachon are a by-catch species in the shrimp fishery, MCRFP quickly recognized the fishery s existence was dependent on our ability to simultaneously foster recovery of the smelt. Through prompt action by MCRFP, the shrimp industry and the Oregon Fish and Wildlife Commission, new standards in by-catch reduction devices were implemented and continue to be improved to reduce by-catch of eulachon smelt, while allowing the fishery to continue efficiently. Without these actions, the fishery would have faced severe restrictions to protect eulachon, with devastating economic impacts to coastal communities. Abundant runs of eulachon smelt in 2013 suggest that this species is recovering Biennium Legislatively Adopted Budget Page 579

6 With respect to the spill program on the Columbia River, the state of Oregon helped ensure ESA-listed salmon and steelhead were provided the safest route past the dams on the Columbia and Snake rivers. MCRFP staff provided the technical expertise and analyses used to make the state s case in District Court contesting NOAA Fisheries latest Biological Opinion on river operations. This expertise included analyses that demonstrated the substantial biological benefits to at-risk juvenile salmon and steelhead of spilling water at the dams. This spill program has significantly increased the survival of juvenile salmon and steelhead in the Columbia Basin and is a great success story in on-going efforts to recover at-risk populations. Because conservation and sustainability are job one, the extent of Oregon s marine and Columbia River fisheries are in direct relationship to the health of the fish populations. As a result, economic metrics can be used as a proxy for measuring the health and sustainability of the resources managed. The graph below uses economic value as a proxy because harvest levels and fishing effort are reflective of population status and the economic value per unit of harvest or effort has not changed significantly over time. Therefore, the economic gain over the past several biennia is representative of progress made in protecting and enhancing the resource. As shown in the chart below, over the past six biennia, MCRFP has cost Oregon less than two cents for every dollar in economic value returned through fisheries. This represents up to a 50-fold return on investment, in addition to protecting and recovering populations Biennium Legislatively Adopted Budget Page 580

7 Metrics that further describe our program: Number of people served/items produced: more than 1,000,000 recreational angling and shellfishing trips annually in saltwater and the Columbia Basin and more than 7,000 commercial fishing licenses and permits sold annually. Quality of the services provided: 365 days of fishing and shellfishing opportunity per year. Timeliness of services provided: real-time in-season quota management for fisheries to ensure sustainable, optimal, and timely harvest. Cost per service unit: over the past six biennia, MCRFP has cost the state less than two cents for every dollar in economic value returned through fisheries. This represents up to a 50-fold return on investment. Enabling Legislation/Program Authorization MCRFP carries out a wide range of activities, many of which are mandated by the U.S. Constitution, Oregon Constitution or federal law. These activities are codified in Wildlife statutes (ORS Chapters 496 and 497) and Commercial fishing statutes (ORS Chapters 506, 507, 508, 509, 511, and 513). Funding Streams The MCRFP funding for are: Other (49 percent), Federal (41 percent), General Fund (10 percent), and Lottery (0 percent). Other are derived primarily from sales of fishing licenses, tags and validations, contractual agreements with non-federal agencies, and dedicated funds (primarily Recreational Shellfish License and Commercial Fish Fund). Federal come from a variety of sources, some of which require matching state dollars of 10 to 50 percent. These sources primarily include the U.S. Department of Energy (BPA), the U.S. Army Corps of Engineers, the U.S. Department of Commerce (NOAA Fisheries Mitchell Act), and the U.S. Department of Interior (Sports Fish Restoration Act and Lower Snake River Compensation Plan). Marine & Columbia River Fisheries Revenues by Fund Type $38.82 Million Federal Fund 41% General Fund 10% Other Fund 49% Biennium Legislatively Adopted Budget Page 581

8 Significant Program Changes from The biennium is the final biennium under the six year fee adjustment that was effective January Moving into the next six year horizon, the department forecasts a significant gap between projected expenses and revenues in its recreational and commercial fish funded programs. To address the gap moving into the budget, the legislature approved program reductions (Package 070), efficiencies (Package 070), fund shifts (Package 102), and fee changes (Package 101). Specifically, the legislatively approved packages are: Revenue Shortfall - General Fund Request: Seeks general tax dollars for specific ODFW programs that benefit all Oregonians. Shifting the cost of programs that benefit all Oregonians to General Fund ensures that everyone not just hunters share the cost of managing Oregon s wildlife. Revenue Shortfall - Fee Adjustment: Provides revenues to continue funding for field staff, hatcheries, Oregon Hatchery Research Center, and enforcement. This package is linked to a legislative concept to adjust recreational hunting and angling fees and commercial fishing fees. SB 830 Col River Fish Management & Reform: Implement rules adopted by the Oregon Fish and Wildlife Commission intended to enhance offchannel fisheries, evaluate alternative fishing gears for use in the mainstem Columbia River, and mitigate impacts to the commercial fishery during the transition period. Issues Fish Recovery and Conservation Planning: Program staff has borne and will continue to bear into the foreseeable future a heavy burden of providing technical and policy support on behalf of Oregon as it relates to federal recovery planning under the Endangered Species Act (ESA), and state conservation planning under the Northwest Power Act, Oregon Plan for Salmon and Watersheds, Oregon Conservation Strategy, and Native Fish Conservation Policy. These commitments reduce the division s discretionary use of state dollars for other management activities. Federal Funding for Fish Protection and Mitigation: Federal funding for protection, mitigation and enhancement of fish and wildlife in the Columbia Basin is likely to be reduced as a result of federal efforts to cap or reduce rates that the Bonneville Power Administration charges customers for electricity and appropriations by Congress to agencies such as the Army Corps of Engineers, Bureau of Reclamation, and NOAA s National Marine Fisheries Service, some of which pass federal funds to ODFW under contract grants. This likely will mean reductions in agency programs for habitat protection and restoration, hatchery operations and maintenance, harvest management, and research, monitoring and evaluation. Fisheries Restrictions from Threatened and Endangered stocks: Fisheries restrictions associated with threatened and endangered salmon and steelhead will continue to constrain access to healthy naturally produced stocks and hatchery fish, and may negatively affect license sales and license and commercial fish fund revenues Biennium Legislatively Adopted Budget Page 582

9 Reductions in Funding for Fisheries Management and Related Activities: Federal funds under the Pacific Fishery Management Council, Pacific Salmon Treaty, and Mitchell Act programs are likely to be reduced as a result of federal efforts to hold steady or reduce funding to NOAA s National Marine Fisheries Service and change their method of calculating administrative costs. Bonneville Power Administration has recently attempted to reallocate funds currently assigned to fisheries management programs to other tasks. Oregon Nearshore Strategy Implementation: A cohesive management program is critical for nearshore species in Oregon because scientific information is lacking to determine their status. These species are under high human-use pressure, and the public is demanding accountability in management of those species. During the biennium, the MCRFP staff completed a Nearshore Resource Management Strategy which was adopted by the Oregon Fish and Wildlife Commission and has been in implementation since (with a 5-year revision completed and a 10-year revision underway). The Strategy has been widely used both inside and outside the agency to meet nearshore management demands including implementation of the legislatively mandated marine reserves program and renewable ocean energy industry interest off Oregon. Groundfish, Highly Migratory Species (HMS), Pacific Halibut, and Coastal Pelagic Species (CPS) Management: Management of these species under the federal Fishery Management Councils (both Pacific and North Pacific) will include a number of challenges in the biennium and beyond. These include evaluation of individual fishery quota management systems (first implemented in 2011), continued development of innovative gear, or fishing modifications to increase fishing opportunity while reducing bycatch of non-target species, and allocation between fisheries and areas. In addition, it is critical to keep up with fishery monitoring and data collection demands for quota management and stock assessments. MCRFP staff support international fisheries management, including the International Pacific Halibut Commission, to ensure Oregon s interests are fully represented throughout the Pacific Basin. Failure to do these essential activities would result in more restrictive recreational and commercial fishing opportunities, with reduced economic benefit for Oregon.. A significant challenge will be to balance program resources between state and federally managed fisheries, between sport and commercial fisheries, and among and across fishery groups, as federal and state funding sources decrease and fishery management complexity increases. Loss of Federal Funding in Recreational Marine Fishery Sampling Programs: The recreational fishery sampling and data collection program, funded primarily with federal grants, is essential to quota management and data gathering for stock assessments. Federal grant reductions and continued flat funding, coupled with increased personal service and supply costs, have resulted in base program reductions and critical program cuts, holding staff vacancies open, and not purchasing critical supplies to cover shortfalls. These shortfalls have resulted in a reduction of personnel needed to meet increased fishery management demands. Without the data provided by these positions, it will be difficult for ODFW to present the scientific information necessary to justify maintaining or expanding commercial and recreational fisheries, putting Oregon s valued ocean sport fisheries and its coastal communities at a disadvantage in the regional and state fishery management decision-making process. ODFW s external Sportfish Advisory Committee strongly supports adequate funding of these programs Biennium Legislatively Adopted Budget Page 583

10 Proposed New Laws A legislative concept has been approved to adjust recreational and occupational license and tags. Revenues projected from this approved concept are included in this budget Biennium Legislatively Adopted Budget Page 584

11 Essential Packages The Essential Packages represent changes made to the budget that estimate the cost to continue current legislatively approved programs into the biennium. 010 Vacancy Factor and Non-PICS Personal Services Vacancy Factor (attrition) reduces the PICS generated personal services budget for the current positions. The adjustment represents the projected savings from staff turnover. This package contains only the change from the prior approved budget. Non-PICS items include temporary, overtime, shift differentials, unemployment assessment, and mass transit taxes (rate 0.006). This package reflects the inflation increase for these items. PERS Bond Assessment represents the amount budgeted for the budget in accordance with Department of Administrative Services instructions. 021/ 022 Cost of Phase-in and Phase-out Programs and One-time Costs Includes Phase-outs for Services and Supplies approved on a one-time basis in Policy Option Package Inflation/Price List Increases Inflation increase: 3.0 percent is the established general inflation factor for and has been applied to most Services and Supplies, Capital Outlay and Special Payments expenditures. 032 Above Standard Inflation/Price List Increases Professional Services inflation 0.3% in excess of the 3.0% standard inflation 033 Exceptional Inflation/Price List Increases None 050 Fund Shifts One-time Lottery funding of the Nearshore Marine resource management program. 060 Technical Adjustments Payments made to Oregon State Police need to be done in the Special Payments category. This package moves the expenditure from Services & Supplies to Special Payments Biennium Legislatively Adopted Budget Page 585

12 070 Revenue Reduction The biennium was the final biennium under the six year fee adjustment that was effective January The next six year period starts with the biennium. In this period, the department forecasts a significant gap between projected expenses and revenues in key areas of its budget. Working with its external budget advisory committee and its commission, the department developed strategies to reduce expenditures through efficiencies and program reductions. The department also developed strategies to address revenues including one time revenues, shifts to other revenue sources, program reductions, and adjustments to recreational, occupational, and commercial licenses and tags Biennium Legislatively Adopted Budget Page 586

13 Agency Name: Policy Option Package Initiative: Department of Fish and Wildlife 101 Revenue Shortfall General Fund Request Policy Option Package Element Addendum: PURPOSE DESCRIPTION OF PROBLEM OR ISSUE: The biennium is the final biennium under the six year fee adjustment that was effective January Moving into the next six year horizon, there is a projected shortfall in recreational license funded programs. For the biennium, the projected gap between expenses and revenue for recreational license funded programs is $32 million. This projection is based on several assumptions, including increased costs due to inflation, no additional revenue from license sales or other sources, and fully funding the Oregon State Police (OSP) Fish and Wildlife Division budget request. Similar shortfalls exist for Commercial Fish Funded programs over a six year horizon. To build its budget, the department and its External Budget Advisory Committee (EBAC) identified programs that are currently funded by hunting, angling, and commercial fishing fees that would be more appropriately funded by other revenue sources. Shifting the cost of programs that benefit all Oregonians to General Fund (GF) ensures that everyone not just hunters and anglers share the cost of managing Oregon s fish and wildlife. In the past, stakeholders have urged the department to seek General Fund revenue for these activities to reduce the impact on recreational license dollars. Consistent with this review, the department is proposing to shift portions of its costs from license revenues to General Fund for Field, Habitat and Conservation, Water Quality and Quantity, Avian and Pinniped Management, and Oregon State Police Fish and Wildlife Division enforcement. HOW ACHIEVED PROPOSED SOLUTION TO THE PROBLEM OR ISSUE: In March 2014, the department began meeting with its External Budget Advisory Committee (EBAC) to develop its six year budget strategies and refine the budget proposal. EBAC includes conservation groups, local government, sports groups, commercial fishing representatives, and other interested parties. With their input, the department developed strategies to reduce costs and increase revenues. To reduce costs, the department s budget relies on implementing efficiencies and program reductions. To increase revenue, department will seek funding from alternate sources, one time revenue, and general tax dollars in order to reduce the demand on license dollars. In addition, the department is proposing to adjust recreational, occupational, and commercial licenses, tags and permits (see related POP 102) Biennium Legislatively Adopted Budget Page 587

14 The 2015 Legislature authorized shifting approximately $6.37 million of its current programs to General Fund. The Legislature also authorized the OSP Fish and Wildlife Division to shift $5.18 million of its costs normally funded by the department to General Fund. With the proposed shift, ODFW license and other revenues would return to 50% funding of the OSP Fish and Wildlife Division budget, rather than 60% as in recent biennia. The work performed by these programs provides broad, public benefits for all Oregonians. Field Staff Support: The package was approved to partially provide General Fund support for each of the department s nine watershed managers formerly funded exclusively with fishing and hunting dollars. These positions regularly engage in Regional Solution teams and other activities with broad, public benefit. The package was also approved to provide General Fund support for portions of 74 fish and wildlife field positions (54 wildlife; 19 fish; 1 Administration) to reflect the amount of staff resources directed at projects and tasks with broad public benefits. These staff work with watershed councils, soil and water conservation districts, tribes, landowners, and other partners to provide data, technical assistance, and support for restoration projects. These staff also review and provide technical comments on numerous activities such as removal fill permits, water right applications (e.g., fish passage/screening, water storage, water use permits), and land use with impacts on fish and wildlife populations and habitat (e.g. energy siting, mining, destination resorts). District fish and wildlife biologists were formally funded exclusively with fishing and hunting dollars. However, as much as 80% of their time can be for activities not directly tied to hunting and fishing. The department was approved to shift 25% of the costs of these positions to General Fund. Two fish assistant district biologists were approved to shift to 100% General Fund. Habitat and Conservation Staff: This package approved General Fund for portions of four Habitat Program positions within the Wildlife Division s Habitat Resources Program. Proposed funding for these positions (Energy Program Coordinator, Forest Program Coordinator, Land Use/Waterway Alterations Program Coordinator, and Habitat Resources Program Manager) is 25% General, matched with 75% Federal (U.S. Fish and Wildlife Service Pitman Robertson ). These positions were established in the late 1980s and early 1990s using 100% General. Funding for these positions changed in due to reductions in General Fund. The department proposes to cut the license funding currently used to match the federal funds for these positions and shift the match to General Fund. Habitat is the foundation for all of fish and wildlife management and declines in habitat quantity and quality have led to species listings under the state and federal Endangered Species Acts. However, ODFW does not own or control most of the habitat where these animals live so ODFW must work collaboratively with landowners and regulatory agencies to ensure land management activities are conducive to supporting healthy populations of fish and wildlife. These four positions lead ODFW s efforts to provide technical assistance to partner regulatory agencies on their permitted activities that affect Oregon s fish, wildlife, and habitats. They assist with critical habitat elements of the Oregon Plan for Salmon and Watersheds and species recovery plans by recommending measures that help ensure sustainable development while minimizing, mitigating, or eliminating negative impacts to fish and wildlife habitat. These positions work closely with other state, federal, tribal, and local agencies, individuals, and interest groups to develop and Biennium Legislatively Adopted Budget Page 588

15 implement fish, wildlife, and habitat protection and restoration activities. They provide technical assistance, guidance, cooperation, direction, coordination, and planning with regulatory agencies, tribal, federal, state, county, and municipal land managers, watershed councils, and private landowners on activities affecting forest, grassland, upland prairie, wetland, and riparian habitats. Activities of these four positions occur within the following areas: energy facility siting; forest management; grazing and related grassland management; land use; fill and removal activities; mining land development; transportation management; implementation of federal and state Natural Resource Damage Assessment statutes; habitat restoration and enhancement project opportunities; tax incentive habitat programs; and education and outreach services to sport and civic groups, schools, private entities, and the public on a wide variety of subjects relating to fish, wildlife, and their habitats. This package also requests General Fund for Conservation Policy Coordinator currently funded primarily by Other Fund (License) dollars. This position is located in the Director s Office and provides policy input and program direction on the Oregon Conservation Strategy and statewide or regional initiatives such as climate change, sustainability, and energy policy. The Oregon Conservation Strategy is a blueprint for conservation of Oregon s native species and habitats of concern and provides guidance to agencies and organizations on investments in habitat and species restoration. Water Quality and Quantity Program: This package approved General Fund for portions of positions in the Water Quality and Quantity Program. The package also requests to continue three limited duration positions approved in the budget to carry out actions identified in the state of Oregon s Integrated Water Resource Strategy. All of these positions are within the Fish Division s Water Quality and Quantity Program. These positions continue ODFW participation in Oregon s implementation of the Integrated Water Resources Strategy, maintain ODFW s ability to respond to water quality and quantity actions affecting Oregon s fish and wildlife resources. These positions also provide input and science-based approaches to identifying fish and wildlife water needs as part of other state agency regulatory processes (e.g., Department of Environmental Quality, Pesticide Analytical Response Center, Water Resources Department). The positions interact and collaborate with other Integrated Water Resources Strategy agencies as part of the Integrated Water Resources Strategy. In particular, staff are conducting studies on streams without established in-stream base flows. The Integrated Water Resources Strategy estimates that there are approximately 300 high priority streams in Oregon that need in-stream flow studies. Additionally, several hundred additional streams still need in-stream water right applications submitted for studies conducted in the 1960s and early 1970s. With the funding provided in this package, ODFW estimates that it can study between 30 and 40 streams annually, and submit the associated in-stream water right applications to the Water Resources Department. Avian and Pinniped Management: This package approved General Fund for all or portions of five positions focused on avian and pinniped management currently funded by Other (License), Lottery, and Commercial Fish. Predation by seal and sea lion (pinniped) and bird (avian) predators on juvenile salmon and steelhead (salmonids) in the Lower Columbia River and Oregon Coastal river systems potentially affects the recovery of threatened and endangered salmonids. For decades the state of Oregon has spent significant resources protecting and restoring salmon and steelhead populations and marine and anadromous fish species of ecological and economic importance. Despite the activities of numerous agencies and organizations, many of Oregon s fish populations are threatened and endangered (e.g., Columbia River salmon and steelhead), or are of growing conservation concern Biennium Legislatively Adopted Budget Page 589

16 (e.g., white sturgeon, Columbia River smelt, and Pacific lamprey). This is a complicated management situation due to population declines of salmonids from multiple causes. In addition, several federal laws govern the actions of multiple agencies. These laws include the federal Marine Mammal Protection Act and Migratory Bird Treaty Act. Both Acts have coincided with substantial increases in the number of fish-eating pinnipeds, Caspian terns, and double-crested cormorants along the Oregon Coast and the lower Columbia River. The population increases in these fish-eating predators has resulted in widespread negative impacts to fish species of conservation concern, and conflicts with sport and commercial fisheries. This package addresses the concentration of vulnerable juvenile salmonids in estuaries, concentrations of fish predators (pinnipeds, Caspian terns, and double-crested cormorants) in the lower Columbia River, and possible redistribution of double crested cormorants along the Oregon Coast from historic colonies. To manage resource conflicts among fish-eating pinnipeds, birds, and fish resources, and to support future federal policy reforms of marine mammals and fish-eating birds, accurate knowledge of their abundance, distribution, food habits, foraging behavior, and impacts on fish resources is essential. Knowledge of the complex federal policy and often controversial legal issues surrounding these marine mammals and fish-eating birds is also essential to formulate and implement a successful program to manage pinniped and avian impacts on fish resources. ODFW staff frequently use this knowledge and experience to provide information to state and federal legislators, including written and verbal testimony before congressional committees considering changes to laws that could provide the state with additional management options in the future. This package also continues work and limited duration positions approved in the budget to collect scientific information on double-crested cormorants within key coastal estuaries. This study will inform management decisions on how to minimize predation on young salmon and steelhead. Since cormorants are a protected species under the federal Migratory Bird Treaty Act, ODFW must comply with federal requirements in documenting the scope of predation by cormorants on salmon and steelhead. This package provides the necessary match component to a federal grant that will allow continuing current efforts to collect scientific information on diet and population status of cormorants. These data are necessary to secure a federal depredation permit that will allow new management options to control cormorants, and reduce their impacts on salmon and steelhead abundance. ODFW will estimate population numbers and diet composition of double-crested cormorants along the Oregon coast, particularly as related to their predation impacts on salmonids. Cormorant surveys have already been established in some estuaries. Oregon State Police Fish and Wildlife Division: Though not a part of this package, the department notes the 2015 Legislature authorized General fund support to the Oregon State Police (OSP) for OSP Fish and Wildlife Division. In addition to ensuring compliance with the laws and regulations related to fish and wildlife, OSP is also responsible to enforce traffic, public safety, criminal, boat, livestock and environmental protection laws. Officers investigate natural resource violations in such areas as non-game species, fill and removal, water quality and quantity, water pollution and forest practices. They also respond to emergency situations unrelated to ODFW. This shift would move a portion of OSP off of license dollars and onto General fund ($5.1 million) and a portion of OSP off of Commercial Fish Fund onto General Fund ($80,000). Because the nature of this work provides broad, public benefits for all Oregonians, ODFW is requesting to shift a portion of enforcement costs from license Other to General Biennium Legislatively Adopted Budget Page 590

17 HOW THIS FURTHERS THE AGENCY MISSION OR GOALS: This package specifically supports the ODFW mission to protect and enhance Oregon s fish and wildlife and their habitats for use and enjoyment by present and future generations. The positions requested in this policy option package will allow ODFW to protect aquatic and upland habitats for Oregon s fish and wildlife based on sound science. They will allow ODFW to fulfill its responsibility to protect and conserve threatened, endangered, and sensitive fish species such as salmon and steelhead and other species of concern. Successful management and sustainable use of fishery resources for commercial, tribal, and recreational angling that relies on these fish requires a thorough understanding of factors that affect fish populations, including predation by large and growing populations of Caspian terns, double-crested cormorants, and pinnipeds. In addition, the Water Program positions relate directly to the five-year objectives of the Integrated Water Resources Strategy [1) further define in-stream needs/demands; 2) the water-energy nexus; 3) climate change, place-based efforts; 4) water management and development; and 5) healthy ecosystems]. Ensuring that fish and wildlife have healthy habitats enhances Oregon s quality of life and benefits all Oregonians. PERFORMANCE MEASURES TO QUANTIFY THE SUCCESS OF THE PROPOSAL: ODFW s main focus when evaluating fish and wildlife populations and habitat protection and restoration activities is to protect the ability of Oregon s habitat to produce wildlife and conserve at-risk species. Monitoring fish and wildlife populations and recommending or taking appropriate actions helps keep common species common, and minimizes the likelihood that species will be considered at-risk and warrant listing as sensitive, threatened or endangered (KPMs 4 and 5), and by working with others to balance in-stream and out of stream needs and uses (KPM 6). Coordinating with agencies, stakeholders, landowners and others on project reviews, permitting and plan reviews, efforts to control negative avian and pinniped interactions with fishery resources, and providing accurate, timely, expert information to stakeholders and the public is critical to developing effective relationships based on trust and confidence (KPM7). Mitigating for impacts to habitats contributes to efforts to reduce the number of at-risk terrestrial and freshwater species (Oregon Benchmark 86 and 88). Recommending appropriate mitigation can slow the overall rate of decline in the percent of land in a natural habitat condition (Oregon Benchmark 89). STATUTORY REFERENCE: Oregon Revised Statutes (ORS) Chapters 496, 497, 498, and establish ODFW and the appointed Fish & Wildlife Commission that determines policy, and defines the duties of the agency to regulate and administer Oregon s fish and wildlife laws. The duties are mandated by law and governed by the Wildlife Policy described in ORS , ORS (2) Integrated State Water Resources Strategy, the U.S. Migratory Bird Treaty Act (1918), and the U.S. Marine Mammal Protection Act (1972). ALTERNATIVES CONSIDERED AND REASONS FOR REJECTION: ODFW considered maintaining the use of Other (License) for these positions. However, this approach is not sustainable given declining participation in hunting and fishing and increasing costs. Shifting the cost of programs that benefit the public as a whole to General Fund will provide appropriate funding for these specific fish and wildlife management activities Biennium Legislatively Adopted Budget Page 591

18 IMPACT OF NOT FUNDING: The existing and new positions identified in this policy option package would be eliminated, and the work would not be accomplished. Failure to approve this package would result in reduced stakeholder support for critical conservation programs and reduced wildlife viewing related spending in Oregon businesses and communities. ODFW would be unable to conduct the fish and wildlife population, habitat protection, and restoration work detailed in this package, which is essential for implementing its mission. ODFW staff would no longer be able to participate in the implementation of the Integrated Water Resources Strategy. Oregon would risk losing state control over pinniped and avian predator management. This would potentially slow or reverse the recovery of some ESA-listed salmon and steelhead stocks and increase conflicts among these predators and anglers. Other state agencies would have difficulty implementing their regulatory programs due to reduced ODFW field staff. The primary focus for remaining staff would not be implementation of the other state agencies programs. ODFW would have limited ability to provide useful, informed, and consistent recommendations to other agencies and the public on a wide variety of issues. These losses would adversely impact economic activity associated with these issues. ODFW would have difficulty meeting its statutory responsibility to manage fish and wildlife to prevent serious depletion of any indigenous species and to provide the optimum recreational and aesthetic benefits for present and future generations (ORS ). Without a state fund commitment, ODFW also risks losing significant federal funding, leveraged by the state s investment in these projects. EQUIPMENT TO BE PURCHASED (IF APPLICABLE): General Services and Supplies, office supplies, and field equipment. STAFFING IMPACT 5 positions / 2.66 FTE Field Staff Support: No staffing impact beyond permanent, base positions. Habitat and Conservation: No staffing impact beyond permanent, base positions. Water Quantity and Q uality: In addition to permanent, base positions, 3 positions/ 1.66 FTE: Continue one ( ) Limited Duration full-time (24 months) Natural Resource Specialist 2 position (1.00 FTE). Continue two ( and ) Limited Duration full-time (8 months) Experimental Biologist Aid positions (.66 FTE). Avian and Pinniped Management: In addition to permanent, base positions, 2 positions / 1.0 FTE: Establish one ( ) Limited Duration full-time (10 months) Experimental Biology Aide (0.417 FTE) Biennium Legislatively Adopted Budget Page 592

19 Establish one ( ) Limited Duration full-time (14 months) Experimental Biology Aide (0.583 FTE) OSP Fish and Wildlife Division: No direct staffing impact to ODFW; however, General Fund requested in this package support permanent, base positions at OSP Fish and Wildlife Division. QUANTIFYING RESULTS Overall effectiveness of this policy option package will be determined by protection and improvement of Oregon s fish and wildlife populations and habitat conditions. This can be quantified in a number of ways including monitoring the number of fish and wildlife species considered atrisk, number of species on sensitive, threatened, and endangered species lists, the number of in-stream flow studies conducted per year (goal is 30 per year), pinniped predation on several fish species of concern from year to year, and demonstrating the presence and quantifying the amount of salmonids in the diet of sampled cormorants, and estimating cormorant population numbers from year to year. REVENUE SOURCE $6,374,111 General Fund $328,206 Federal Field Staff: $4,914,719 General Fund $328,206 Federal Habitat and Conservation: $298,684 General Fund Water Quantity and Quality: $602,811 General Fund (Base program) $201,871 General Fund (Integrated Water Resources Strategy) Avian and Pinniped Management: $131,026 General Fund (Base program) $225,000 General Fund (Cormorant study) Biennium Legislatively Adopted Budget Page 593

20 Agency Name: Policy Option Package Initiative: Department of Fish and Wildlife 102 Revenue Shortfall Fee Adjustment Policy Option Package Element Addendum: PURPOSE DESCRIPTION OF PROBLEM OR ISSUE: The biennium is the final biennium under the six year fee adjustment that was effective January Moving into the next six year horizon, there are projected shortfalls in programs funded by the commercial fish fund and the recreational shellfish fund. However, the more immediate and significant gap is projected in recreational license funded programs. For the biennium, the projected gap between expenses and revenue for recreational license funded programs is $32 million. This projection is based on several assumptions, including increased costs due to inflation, no additional revenue from license sales or other sources, and fully funding the Oregon State Police (OSP) Fish and Wildlife Division budget request. A major factor affecting the short and long term outlook for the department is hunting and fishing participation trends. While there has been leveling out in recent years, hunting and fishing participation in Oregon is at the lowest levels in the last 30 years. This decline in participation has been observed across the United States. Several national and state surveys have been conducted to determine the reason for the drop in participation. Not enough time and Family or Work commitments are frequently cited as the reason for not fishing or hunting. Several other factors likely contribute to this response, including longer travel time to hunt or fish and other commitments, especially for families with children. Other concerns include limited public access, not knowing where or how to fish or hunt, no one to go with, perceived lack of fish or game, and total cost to fish or hunt. Sales from hunting and fishing licenses and tags represent about one third of the revenues for the department in a typical budget cycle and fund core fish and wildlife management such as field biologists, hatchery production, and enforcement. These revenues are also the working capital of the agency, providing revenues to cover expenses under federal and other grants and contracts until the department is reimbursed. These revenues also serve as match for federal grants and contracts, enabling the department to leverage up to $3 in federal funds for every $1 in state funds. Several factors have affected the amount of carryover revenue moving into the next six year planning horizon. The 2010 fee schedule was built on the assumption that the department would draw down existing license budget reserves over the six year period. While this helped reduce the size of the fee increase at that time, it was understood that this would reduce budget reserves going into the next six year budget cycle and would need to be restored as part of the next fee increase. These reserves are even lower than originally planned for a number of reasons: Biennium Legislatively Adopted Budget Page 594

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