DRA Continues DO Advocacy, Petitions EQC to Protect LDR’s Redband Trout

Yesterday, DRA submitted a petition to the Oregon Environmental Quality Commission (EQC) with the goal of improving dissolved oxygen (DO) conditions in the lower Deschutes River (LDR) to benefit redband trout. The petition can be read in full here.

The petition asks the EQC to declare how the Oregon Department of Environmental Quality (DEQ) must implement the state’s water quality standards for dissolved oxygen as required by the current standards for the LDR. The central issue in the petition is how spawning and incubating resident redband trout are currently not being protected in the lower Deschutes. Looking at the regulation’s plain language, we argue that redband should receive protection “where resident trout spawning occurs, during the time trout spawning through fry emergence occurs.”

For the past decade, DEQ has “deemed” redband spawning to only occur between October 16 and June 14 – effectively removing protective DO levels for a 4-month period between June 15 and October 15. Deeming that period as having no spawning or incubation, however, is directly contradicted by extensive scientific data and multiple agency statements. As such, DEQ is actively ignoring both Oregon law and the well-established scientific understanding of redband spawning and incubation in the lower Deschutes River.

Studies undertaken by Portland General Electric (PGE) and the Oregon Department of Fish and Wildlife (ODFW) over the last two decades clearly show redband spawning and incubation taking place during the period DEQ deemed as having no trout spawning. In addition, statements by ODFW and the Federal Energy Regulatory Commission (FERC) note year-round spawning in the lower Deschutes. Even DEQ stated that spawning occurred year-round in the LDR just two years before it backtracked with its “deemed” spawning period – and with no science to support that change.

Our petition builds on previous DRA attempts to correct DO management in the lower Deschutes. This petition follows inaction on our 2020 pollution complaint and another petition earlier this year. Continued inaction from state regulators will continue to harm redband trout during their crucial spawning and incubation periods.

We hope that this petition finally motivates the EQC and DEQ to protect the lower Deschutes’ iconic redband trout. The law is clear, the science is robust, the solution is simple, and the status quo cannot continue.

Watch our blog for updates on this developing process. DRA will continue to seek protections for the lower Deschutes River and its native fish. Please contact DRA Staff Attorney Ben Kirsch with any questions: ben@deschutesriveralliance.org.