DRA's Top Concerns with DEQ's Proposed Aquatic Life Rules

Based on current information, the DRA has serious issues with DEQ’s proposed draft rulemaking decisions. The DRA proposed changes are slight and will have enormous benefits for the fish, aquatic life, and the Oregonians who cherish these waterways for their relaxation, and livelihoods.

DRA’s main issues of concern are:

1. DEQ rules must provide sufficient dissolved oxygen where and when resident trout spawning is known to occur.
   Dissolved oxygen (DO) is critical during the trout spawning and egg incubating phase. The proposed rules adjusted start dates for the trout spawning and incubation period, but not the end dates, creating a one size fits all end date of May 15 or June 15 throughout Oregon. For example, it is well documented that trout spawning and incubation extends beyond these dates in the lower Deschutes River. DEQ must apply the appropriate DO standard to protect resident trout spawning period in the lower Deschutes River.
2. Relaxing pH standards will further contribute to downstream standards violations and continue to impair aquatic ecosystems
   Currently, pH-related water quality in the Crooked River and Trout Creek is considered “impaired” and regularly fails to meet biologically-based standards, as well as being in need of clean-up. The proposed changes allow for even higher pH levels. This will continue to degrade water quality in the Crooked River, Trout Creek, and downstream in Lake Billy Chinook, and the lower Deschutes River. DRA demands DEQ drop its proposed relaxation of the pH standards in the Crooked River and Trout Creek, and start enforcing the law to improve the current water quality for all aquatic life, and the people who depend on clean water.
3. Use this opportunity to protect cold water refugia in the Columbia River
   Already identified by the US EPA as a tool for reducing mortalities in the Columbia River, the role of cold water refugia for migrating salmon and steelhead is increasingly important as global temperatures rise. DEQ must take this opportunity to enshrine cold water refugia - like that at the mouth of the lower Deschutes River - so dwindling runs of salmon and steelhead are provided critical relief when returning to their spawning areas.
4. DEQ’s new rules fail to follow ODFW spawning use tables for resident trout
   ODFW has a comprehensive set of tables that identify resident trout spawning through egg and fry incubation for stream systems throughout the state. DEQ’s attempt to simplify the DO standard for spawning trout by setting blanket end dates of May 15 or June 15, ignores information readily available from ODFW. DEQ says they use the best available science and information currently available, but clearly this is not the case. DEQ needs to put the adequate protection of resident trout above their desire to simplify water quality standards.
5. Serious flaws in the draft beneficial use map. The Core Cold-Water Habitat designation for temperature and new Cold-Water Aquatic Life designation for Dissolved Oxygen in the draft beneficial use maps for lower Deschutes River only applies from the start of the lower Deschutes to the confluence with the Warm Springs River. This designation is meant to protect salmonid-dominated communities, and/or Bull Trout presence during July and August. The change to less protective temperature and dissolved oxygen standards in the lower Deschutes downstream of the Warm Springs River has no biological basis. Because of the well-documented presence of (1) juvenile and subadult Bull Trout rearing in the lower Deschutes River extending downstream at least to Maupin and (2) juvenile summer steelhead rearing year-round, the stricter “cold-water” standards for temperature and dissolved oxygen should also be extended further downstream to properly protect these ESA-listed species.
6. DEQ must provide for a more regular review of fish and Aquatic Life Use Maps
   Waiting 20 years to make changes to the Aquatic Life Use Maps is too long. Climate change is occurring much faster than forecast and water quality must be a priority. DEQ needs to include mechanisms requiring more frequent review, revision, and enforcement, of water quality standards in order to protect the aquatic life, and the people, who rely on water to survive and thrive.