2010-2882-Resolution No. 2010-117 Recorded 9/28/2010COUNTY OFFICIAL
TES
REVIE D NANCYUBLANKENSHIP, COUNTY CLERKS CJ 1010.1881
COMMISSIONERS' JOURNAL 09/28/2010 10:25:11 AM
LEGAL COUNSEL II I I I II I VIII II IIII II I I IID I III
2010-2882
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Supporting the Postponement of the
Oregon Department of Fish and Wildlife * RESOLUTION NO. 2010-117
Commission's Approval of the ODFW 2010 Draft
Version of the "Greater Sage -Grouse Conservation
Assessment and Strategy for Oregon
In the matter of requesting postponement of the Oregon Department of Fish and Wildlife
(ODFW) Commission's approval of the Oregon Department of Fish and Wildlife's 2010 draft
version of the "Greater Sage -Grouse Conservation Assessment and Strategy for Oregon":
WHEREAS, ORS 496.166 states the need for citizen involvement through partnerships
between the Oregon Department of Fish and Wildlife and landowners to manage wildlife on
private lands; and
WHEREAS, ORS 496.012 Wildlife Policy (7) obligates the Commission to "make
decisions that affect wildlife resources of the state for the benefit of the wildlife resource and to
make decisions that allow for the best social, economic, and recreational utilization of wildlife
resources by all user groups"; and
WHEREAS, ORS 496.164 states that ODFW "may advise, consult and cooperate with
other political subdivisions and private landowners with respect to fish and wildlife
management.' ; and
WHEREAS, Deschutes County supports an open stakeholder involvement process for
reviewing the "Greater Sage -Grouse Conservation Assessment and Strategy for Oregon"; and
WHEREAS, renewable energy projects in eastern Oregon are needed to meet the State of
Oregon's Renewable Portfolio Standard of 25% renewable energy by 2025; and;
WHEREAS, Deschutes County is a member of the Association of Oregon Counties;
Page 1 of 2 Resolution 2010-117
THEREFORE, BE IT RESOLVED that the Deschutes County Board of Commissioners
support the postponement of the Oregon Department of Fish and Wildlife Commission's
approval of the Oregon Department of Fish and Wildlife's 2010 draft version of the "Greater
Sage -Grouse Conservation Assessment and Strategy for Oregon" until 2011 to allow thorough
stakeholder review; and
THEREFORE, BE IT FURTHER RESOLVED that the Deschutes County Board of
Commissioners supports the letter from the Association of Oregon Counties dated September 13,
2010 to the Oregon Department of Fish and Wildlife Commission that addresses counties
concerns on the "Greater Sage -Grouse Conservation Assessment and Strategy for Oregon".
DATED this W5 day of i � , 2010.
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
J4�
ALAN UNGER, Vice Chair
TAMMY BANEY, Comdssioner
ATTEST:
*awzu &ItAL—
Recording Secretary
Page 2 of 2 Resolution 2010-117
Association of
AOCI Oregon Counties
September 13, 2010
Oregon Department of Fish and Wildlife Commission
3406 Cherry Ave. NE
Salem, OR 97303
RE: Request to Postpone Approval of the Greater Sage -Grouse Conservation Assessment
and Strategy for Oregon until 2011
To the ODFW Commission:
The Association of Oregon Counties appreciates the opportunity to comment on the
ODFW Greater Sage -Grouse Conservation Assessment and Strategy. We understand that
this is a draft update of the Strategy. However, new language in the plan, including the
core area maps, will have significant impacts on renewable energy and economic
development in eastern Oregon. Additionally, the updates include conservation
guidelines that may require counties to amend their Comprehensive Land Use Plans.
This could be a significant undertaking with a fiscal impact to counties.
During the month of August, at the request of AOC and Harney County, ODFW
contacted some eastern Oregon counties to gather feedback. While we appreciate this
outreach, counties would like the Department to further recognize ORS 496.166 which
states the need for citizen involvement through partnerships between ODFW and
landowners to manage wildlife on private lands. Stakeholder groups or task forces could
be formed to facilitate discussion.
Counties continue to have many concerns about the Strategy, in particular the lack of
public process. We describe this concern and others below:
Lack of transparency and public involvement during the revision of the Strategy.
Because the implications of the Strategy are extremely complex and will impact
multiple stakeholders representing a wide variety of interests, we support
postponing the adoption of the Strategy until after a thorough public process
where stakeholders have enough time to assess impacts and express them to the
Department. Furthermore, Governor Kulongoski's Natural Resource Office has
convened the "Renewable Energy and Eastern Oregon Landscape Conservation
Partnership" (an Oregon Solutions Project) to address this complex issue. One of
the outcomes of this group will be a workshop held in mid-November, 2010 to
allow all stakeholders opportunity to discuss and provide feedback on the Strategy
and its integration with renewable energy projects in Oregon. Counties see this as
a great opportunity for the Commission to gather feedback. We encourage the
Commission to review the comments before making a decision on approving the
Strategy and postponing the approval date until early 2011.
2. ORS 496.012 Wildlife Policy (7) obligates the Commission to "make decisions
that affect wildlife resources of the state for the benefit of the wildlife resource
and to make decisions that allow for the best social, economic, and recreational
utilization of wildlife resources by all user groups".
Again, we strongly support slowing down the public comment timeframe so that
all stakeholders have time to assess the potential economic and social impacts the
Strategy may have, particularly in regions where sage -grouse habitat has been
identified. We ask the Commission to consider the local and statewide social,
economic, and recreational consequences of excluding areas of eastern Oregon
from development.
3. Oregon has a renewable portfolio standard (RPS) that requires utilities in Oregon
to provide 25 percent of their retail sales of electricity from newer, clean,
renewable sources of energy by 2025.
The Strategy designates much of Eastern Oregon as core sage -grouse habitat
which essentially rules out renewable energy development. With a considerable
amount of renewable energy available in Eastern Oregon, we need to understand
how the state will meet the RPS with these recommendations in place. This
discussion should also include an ODFW proposal for mitigation requirements;
which has not been developed.
4. Counties understand that the Strategy includes the best known peer-reviewed
research on the greater sage -grouse. However this does not mean we know all
there is to know about the sage -grouse. We realize and support the need to
protect the species and prevent listing under state and federal Endangered Species
Act's. Along these lines, caution should be used while updating the Strategy so
that it does not become so onerous that the effect of implementation could be
similar to a listing.
Counties support a local approach that could be used in conjunction with the Strategy to
evaluate impacts to local populations. Extensive biological assessments are conducted by
third parties as a part of the planning process prior to renewable energy projects being put
on the ground. The data that is collected on the local sage -grouse population is the most
accurate available. The Strategy could recognize these studies as a means for evaluating
ecological impacts, developing mitigation, and determining how the project is developed
instead of making assumptions based on the core area maps.
Furthermore, other states in the Western Association of Fish and Wildlife Agencies have
seen an increase in sage -grouse numbers as a result of successful state strategies; the
State of Utah is an example. We ask that ODFW discuss other strategies with
stakeholders (in a task force setting) to asses other recommendations that may work in
Oregon.
Counties appreciate the Commission's consideration of our concerns. We do understand
the mission of the Department and want to assist and continue partnerships in any way
possible. AOC and counties also continue to work with the Energy Facility Siting
Council to maintain consistency on the approval process for all projects. If the plan is
approved, the recommendation for including the Strategy in the land use review process
will be incorporated into the AOC Wind Task Force Report. Additionally, if funding can
be secured, AOC would recommend that counties update their land use plans (which
requires a thorough public process) to incorporate the guidelines in the Strategy.
Section 5 of the Strategy states that implementation of the conservation guidelines will be
conducted at the local level. In order for this to be successful, the Department needs local
input and to keep in mind ORS 496.164 which states that ODFW "may advise, consult
and cooperate with other political subdivisions and private landowners with respect to
fish and wildlife management." This relationship should be reciprocal so that ODFW is a
participant while local governments are making land use decisions.
Much has changed in Oregon over the last five years. Enough to require a thorough
public process to update the Sage -Grouse Conservation Strategy and consider the impacts
it may have on a growing number of stakeholders. The Association of Oregon Counties
maintains our request for a more open, public process for reviewing the plan. We believe
that a decision by the Commission in December does not provide adequate time for
stakeholders and a new administration to appropriately evaluate and provide feedback on
the Departments recommendations.
Thank you again for your consideration,
_U�Aaik
Steven E. Grasty, Harney County Judge
President, Association of Oregon Counties
Cc: Ron Elicker, Director, ODFW
Mike McArthur, Director, AOC