Siletz Anglers Assn. v. ODFW

State Department Fish and Wildlife (ODFW) acted within its authority in adopting temporary rules to restrict Chinook Salmon harvest and prevent overharvest.

Petitioners Siletz Anglers Association challenged the adoption of two temporary administrative rules by the Oregon Department of Fish and Wildlife. The rules restricted Chinook salmon harvest along the Oregon coast. The petitioners alleged the rules violated statutory and constitutional limits by exceeding ODFW’s authority, failing to follow required rulemaking procedures, and breaching the separation of powers. Due to the temporary rules now expired, the court exercised discretion under ORS 14.175 to review moot cases. ORS 496.435 directs ODFW to restore and sustain native salmon populations by preventing overharvest, ORS 496.162(1) requires the agency to investigate wildlife conditions before setting harvest rules, and ORS 183.335(5)(a) mandates that temporary rules include findings explaining why immediate action is necessary to prevent serious harm to the public interest. The court held that ODFW acted within its statutory authority under ORS 496.435 complied with ORS 496.162(1) by investigating salmon conditions, and substantially complied with ORS 183.335(5)(a) by showing immediate risk of overharvest. Plus, the rules did not make any constitutional separation of powers violations since they were consistent with how the legislature directed implementation. Rules held valid.