OREGON Summary of Agenda Item T Title: i and Salmon t Culture at Former l e Abalone Oregon Aqua Site Date of of Meeting: March 22, 1995 1995 Date Jim Golden Person: JimMartin Principal Staff Person: Jim Martin : rA c Exhibit #__________ Phone: Ext 346 Phone: Ext. Read and Approved Approved by: by: Read and Division Chief: (D Attorney Date: 3J311cf5 Date: Date: 3/7/ PS Description of Item: Description Review a proposed public salmon release and and recapture recapture facility facility to to be be operated by the Port of for abalone abalone. Both Newport and and aa private private commercial commercial operation for Bothoperations operations of Newport would be located would located at at the theformer formerOregon OregonAqua-Foods Aqua-Foods facility facility on on Yaquina Yaquina Bay. Bay. Review collection of Review and and Commission Commissionaction actionon onaa proposed proposed rule rule change change to to allow collection of in aa commercial commercial aquaculture aquaculturefacility. facility. native abalone for use as broodstock broodstock in Public Involvement Involvement Process: Public meeting meeting at at Newport, Public Newport, March March 2, 1995. 1995. Public Public testimony testimony at at Commission Commission meeting, March 22, 1995. 1995. Supplemental Information Attached: Y e s YesX X NoNo___ Rearing Notice: Yes Y e Xs X NoNo_______ H OREGON Summary of Agenda Item - page 2 Fisk &W Fiah&Wildlife Relationship to: - statute Oregon revised statute ORS # 506.036. 506 036. 506.109. 506.109.506.119 506.119and and 506.129 506.129 - administrative rule Oregon administrative OAR # 63 5-05-005 OAR 635-05-005 Options available Options available to to Commission: Commission: 1. collection of native abalone abalone as broodstock. broodstock. 1. Allow the collection 2. 2. Prohibit the collection of native abalone as broodstock. 3. Request Requestadditional additionalinformation. information. 4. Defer Deferaction actionon onthe theissue. issue. recommended: #1 Option recommended: #1 Draft Motion: I move move to to amend amend OAR OAR 635-05-005, 635-05-005,to allow allow the the collection collection of of native native abalone abalone as as broodstock in broodstock in aa private private commercial commercial operation. operation NOTICE OF OF PROPOSED PROPOSED RULEMAKING RULEMAKING HEARING HEARING NOTICE (Statement of Need and Fiscal Fiscal Impact must must accompany accompanythis thisform.) form.) (Statement Oregon Department Daartment of Fish and Wildlife Oregon Division Fish Division (DiVISION) (DIVISION) (AGENCY NAME) (AGENCY NAME) OAR 635 OAR CHAPTER CHAPTER^ xl&$& DATE: wC!E LOCATION LOCATION Oregon Oregon Department of of Fish and and Wildlife Wildlife Fish Commission Commission Room Room 2501 2501 SW SWFirst First Avenue Avenue Portland, OR 97201 97201 Portland, t 8:00 however, there there will be more An agenda agendawill will be be available available 10 10 The meeting meeting begins begins aat 8:00 am.; tin.; however, more than one one agenda agenda item. item. An days will be be heard. beard. The days prior to the the meeting meeting showing showing the general general order in which items will Theagenda agendaisisavailable availableby bywriting writingoror calling callingthe the address addressbelow. below. 3-22-95 3-22-95 * TIME: I'D%& DATE: R.x%lz& LOCATION: "TBA tTBA OFFICER(s): HEARINGS OFFICER(s): STATUTORY AUTHORITY: ORS ORS STATUTORYAUTHOR1TY: CHAPTER(s) CHAPTER(s) HOUSE BILL(s) :or 506.109..506.119and506.129 506.109.506.119 and 506.129 ;or LAWS ,, OREGON OREGONLAWS 19 19 ____________________________; ;or or ,,19-19_ LEGISLATURE ,, or SENATE SENATE BILL(s) BILL@) LEGISLATURE ADOPT: ADOPT: AMEND: AMEND: OAR Chapter Chaoter 635. 635. Division Division05 05 OAR REPEAL : REPEAL: This hearing hearing notice notice isis the the initial initial notice notice given given for for this this rulemaking rulemakingaction. action. I1 This Thishearing hearingwas wasrequested requestedbybyinterested interestedpersons personsafter afteraaprevious ~kmaking notice. O This previous rulemaking notice. El Auxiliary Auxiliary aids aids for for persons persons with with disabilities disabilities are available available upon advance advance request. SUMMARY: Consider Consider rule rule changes changes to allow the take of abalone through a permit process process for for use use as as brood brood stock stock for for aa proposed aquaculture aquaculture operation operation at the former former Ore-Aqua Ore-Aqua facility. facility. 4-1-95 DATE PROPOSED PROPOSEDTO TOBE BEEFFECTIVE: EFFECTIVE::: 4-1-95 COMMENT: LAST DATE FOR COMMENT: 3-22-95 RULES COORDINATOR: COORDINATOR: Jan Ragni Carolyn Rami (Agencv': (Aaencvk Carolvn Porter (Staff) (Staff) ADDRESS: ADDRESS: Oreeon Department De~artmentof Fish and Wildlife Wildlife Oregon P. 0. 0.Box Box 59 59 Portland, Portland. OR 97207 97207 TELEPHOME: TELEPHONE: (503)229-5400. 229-5400. Ext. Ext.305 305 or or Ext. Ext. 353 353 (503 Interested persons may comment on on the the proposed proposedrules rulesorally orallyor orin inwriting writingatatthe the hearing. hearing. Written Written comments comments will also also be censidered if received by the date indicated above. U-C. (ç Signature SED 424 (Rev. 911193) 2/IS/IS Date STATEMENT FISCAL IMPACT IMPACT STATEMENT OF OF NEED AND FISCAL BEFORE THE COMMISSION THE FISH FISH AND WILDLIFE COMMISSION THE STATE OF TITlE STATE OF OF OREGON OREGON In the Matter of the Adoption Adoption of Chapter 635, 635, Division Division 05, 05, OAR Chapter Shellfish Fishery Commercial Shellfish Fisheiy 1. 1. )) STATUTORY STATUTORYAUTHORITY, STATEMENT OF OF NEED, ) STATEMENT )) PRINCIPAL PRINCIPAL DOCUMENTS DOCUMENTS RELIED UPON )) ADVISORY ADVISORY COMMITTEE, COMMITTEE, )) AND AND STATEMENT STATEMENTOF OF FISCAL FISCAL IMPACT IMPACT Statutorv Authority: ORS ORS 506.109, 506.109,506.119, 506.119, and and 506.129. 506.129. Citation of Statutory 2. Need Needfor forRules: Rules:The Therules rulesare areneeded neededtotoallow allowabalone abaloneto tobe be taken taken through through aa permit permit process for commercial aquaculture and to allow culture culture and sale of undersized abalone produced from the operation. operation. 3. Documents Relied Upon: 3. Principal Documents Report prepared a. Staff StafFReport prepared for for the the March March22 22Commission Commission meeting. meeting. a. The above Department of above documents documentsare areavailable available for for public public inspection inspection in the Department of Fish Fish and and Wildlife, Wildlife, Fish Division, Third Third Floor, Floor, 2501 SW 1st Avenue, Portland, Oregon, between 8:00 FishDivision, 8:00 a.m. a.m. and and 4:30 p.m., p.m., on on normal normal working workingdays, days, Monday Mondaythrough throughFriday. Friday. 4. 4. Advisory Advisorv Committee: Representatives Representativesfrom from the Port of of Newport, Newport, Oregon OregonState StateUniversity University in Oregon Department Department of ofFish Fish and and Wildlife Wildlife have been reviewing the operation operation request request and, and, in and Oregon addition, members of the public will will be be included included in in review review of of the the proposal proposal in early March.. March.. 5. 5. Fiscal and Economic See attached. attached. Economic Impact: Impact: See Dated this this 15th 15thday day of ofFebruary, 1995. February, 1995. Department of Oregon Department of Fish Fish and and Wildlife (_).o. (344.Signature Signature (' At- Director Title Fiscal and Economic Impact Statement for the March 22, 1995 1995Hearing Hearing in the Matter of Rules Relating to the Taking of Wild Wild Abalone and the Cultureand Culture andSale Saleof ofAbalone Abalone from from Wild Wild and Imported Stock Stock Fiscal and economic impact: The The proposed proposed rules rules will will affect affect state state agencies, agencies, units units of oflocal local government and the the public, public, respectively, respectively, as as discussed below: by adoption of these rules is is the the a. The Theonly only state state agency agency which which should be affected by Wildlife. No significant Oregon Department of Fish and Wildlife. significant changes from the current levels of the department's expected as a result result of the adoption of department's operations or expenditures are expected these rules. The Thedepartment departmentmay may enter enterinto into cooperative cooperative agreements agreementswith with parties parties interested interested in abalone aquaculture activities. Modest Modest amounts amountsof ofstaff staff time time may may be be involved involved in in the development and implementation implementation of of permit permit processes. processes. The deve~o~meniand The permit permit process processwould would define define how abalone would be collected and returned to to the the wild; wild; how how abalone abalone and and imported imported kelp kelp food would be checked for pathogens or or exotic exotic epifauna; epifauna; isolation and culturing wild sock; and, and, other conditions for the procedures to prevent contamination contamination of wild enhancement of wild wild stocks and use of stocks for research purposes. enhancement by these these rules. rules. No b. No No units units of of local local government government are expected to be affected by No significant significant local agencies' agencies operations or changes from the current levels of any local or expenditures expenditures are are expected as a result of the adoption adoption of of these these rules. rules. c. these rules rules: Currently no abalone may may Thepublic public could could be affected by the adoption of these c The commercial purposes purposes. The be taken in Oregon for commercial The rules rules need to be be modified modified to enable enable businesses interested in in the the culture of abalone to use wild wild seed stock from Oregon as businesses as well as imported abalone stock stock. Ultimately Ultimately this could lead to the aquaculture aquaculture of of native stock, stock, which could could be be used used to to enhance southern Oregon Oregon native native abalone abalone production production for for which recreational harvest. Some effects could could also also occur occur as as aa result result of of recreational harvest Some positive positive economic effects sale of of abalone abalone from from the the aquaculture aquaculturefacility. facility culture and sale The rules are believed to be ffilly compatible with with legislative legislative direction direction on on the the goals of fish hlly compatible and wildlife management management in Oregon Oregon. Businesses affected by these rules are believed to be "small "small business." STAFF REPORT REPORT TO THE THE OREGON FISH AND WILDLIFE WILDLIFE COMMISSION COMMISSION ABALONE SALMON CULTURE CULTURE ABALONE AND SALMON SITE AT THE FORMER FORMER OREGON AQUA-FOODS SITE MARCH 22, 1995 MARCH 22,1995 TABLE OF OFCONTENTS CONTENTS TABLE PartAA Part - Rule RuleMaking MakingOn OnUse Use of of Native NativeRed Red Abalone Abalone For For Brood BroodStock StockIn InAA Commercial Commercial Aquaculture Aquaculture Facility Facility 1. Page Page Introduction ..................................................................I1 Introduction.................................................................. II. II. 22 Backgroundand andRationale Rationale ........................................... ........................................... Background 111. III. PublicInvolvement Involvement....................................................... .......................................................55 Public IV. IV. CommissionOptions Options.................................................... ....................................................55 Commission Part BB - Informational InformationalReport ReportOn On Public PublicSalmon Salmon Part .............................88 Release And Recapture Recapture Facility Facility............................. Release PART A ABALONE FOR BROOD STOCK USE OF NATIVE RED ABALONE STOCK FACILITY IN A COMMERCIAL AQUACULTURE FACILITY I. I . INTRODUCTION The Port Port of Newport Newport and Agua-Dulce have presented presented aa Agua-Dulce Partners Partners have S renovate the former Ore-Aqua site site in in South South Beach Beach for use plan to renovate as aa salmon salmon and and abalone abalone rearing rearing facility. facility. In In order order to to develop develop broodstock for spawning, spawning, rearing and production of red red abalone abalone (Haliotis rufescens), Partners (Haliotis rufescens), the Port of Newport and Agua-Dulce Agna-Dulce Partners need a source source of of adult adult abalone. abalone. need a In addition, addition, Oregon State University University (OSU) has has developed a molluscan broodstock cooperative molluscan broodstock facility facility and has been conducting cooperative research with with the Department research Department and and industry industry to develop develop abalone abalone broodstock. By permit permit from from the the Department, Department, OSU has has obtained obtained broodstock. adults from from both both native native and and commercial commercial sources sources for for research. research. adults OAR 635-05-005 635-05-005 prohibits commerprohibits the the taking taking of of abalone for coinerThis rule cial cial purposes. purposes. rule was was originally originally intended intended to to prevent prevent commercial harvest of abalone for food as native native abalone abalone producproduction in in Oregon Oregon waters waters was was found found to to be be insufficient insufficient to to support support aa tión commercial fishery. Crafters of the rule did not anticipate anticipate the the commercial fishery. potential development development of abalone aquaculture aquaculture in Oregon and and the the need to to acquire acquire broodstock broodstock for for such such aa project. project. While Agua-Dulce Aqua-Dulce Partners Partners could obtain adults for broodstock While commercial sources in California, California, they would prefer prefer using using from commercial native stock to minimize or eliminate potential disease problems associated associated with importation importation of of California California stocks, stocks, and and to to use use the genetic genetic make-up make-up that that is better better suited suited for for abalone having the Oregon waters. Oregon waters. Staff supports supports changing taking of of Staff changing the the rules rules to to allow allow the taking abalone native stock can be used abalone through through aa permit permit process so that native develop brood brood and and seed seed abalone abalone in in the the proposed proposed commercial commercial to develop could also be used aquaculture facility. facility. The seed abalone abalone could used to to aquaculture southern Oregon abalone production enhance southern production for recreational recreational harvest, and vest, and to to restore restore abalone abalone to to depleted depleted areas. areas. The Department Department through aa memorandum memorandum of understanding understanding would through would cooperate with Oregon Oregon State University University and and Agua-Dulce Aqua-Dulce Partners Partners would collect collect and and mainmainState tain aa population population of of native native red red abalone abalone for for broodstock. broodstock. tain In this this report, report, staff staff summarizes summarizes red red abalone abalone life life history, history, In stock status, fishery history, recent events, events, and and provides provides stock status, fishery history, recent on the the need for for genetic conservation of native abalone abalone rationale on stocks. In In addition, addition, staff provides an analysis of the the proposed proposed stocks. for broodstock broodstock to to meet meet the option to allow use of native abalone for commercial aquaculture facility, facility, research, research, and the the needs of of a aconirnercial needs need to to enhance enhance native native red red abalone abalone populations. populations. 11. II. BACKGROUND BACKGROUND AND RATIONALE Red Abalone Life Life History Red abalone abalone have have evolved evolved aa survival survival strategy strategy characterized characterized long life life and and tremendous tremendous egg egg production. production. It is is possible that that by long Oregon abalone abalone population has successful recruitment of new new the Oregon animals are animals only very very rarely, when environmental environmental conditions conditions are rarely, when optimal. optimal. Being at the edge of the species' species' range increases the potential for for irregular irregular reproductive reproductive success. success. One or two two sucsuc- cessful recruitment pulses in in aa twenty twenty year year period period may may be the recruitment pulses the norm. north of of Cape Mendocino Mendocino seem seem to be cennorm. The populations populations north cenaround the Crescent Crescent City City to Cape Cape Ferrelo Ferrelo region and are are tered around 30 distributed in relatively relatively shallow distributed shallow water water (most (most at at less than 30 Several researchers have demonstrated that most sessile feet). sessile feet). invertebrates need need tight adult (slow or or non-moving) non-moving) invertebrates adult concentraconcentrations (i.e. (i.e. C< 20 20 cm. cm. apart) apart) in in order order for for successful successful egg egg fertilifertilitions zation to occur. occur. zation to Stock Status and Fishery History It was not until the 1950's that the the known known range of the red It abalone extended northward southern Oregon, Oregon, abalone was was extended northward to include southern to include eventually Commercial harvesters from eventually as far far as as Sunset Sunset Bay. Bay. Commercial from California almost immediately expressed interest, and an exploraalmost interest, exploratory survey agreement was was approved approved by by the the OFC OFC from 1958 to 1962 1962 with with two two commercial commercial divers. divers. Abalone Abalone were found found in in localized localized conconcentrations between Cape Ferrelo. Ferrelo. At the the between the Chetco river and Cape end of of this this time, time, abundance abundance was was deemed deemed insufficient insufficient to support support commercial commercial harvest. harvest. The wise decisions decisions to to prohibit prohibit commercial commercial harvest and to to implement implement aa conservative conservative sport size size limit limit of of 8 8 inches minimum form inches form the the basis basis for for abalone abalone management management to to this this day. day. The record December 1964 flood appears a proproappears to to have had a as found effect on red abalone stocks stocks in Curry Curry county county as well as Del Norte county immediately to the south south in in California. California. Prior Prior to this this year, year, knowledgeable knowledgeable collectors collectors in in this considered to this region region considered be abundant abundant (Red Porteous, Crescent City, City, personal personal abalone to be communication). interviews of some of these these indiindicommunication) . From our own interviews dropped dramatically dramatically to to where where only a few viduals, the abundance abundance dropped few locations held any any number number of of large large animals. animals. The The effects effects of of the the flood on the the nearshore nearshore ocean ocean and beach habitats habitats are are legend. legend. The The record freshwater freshwater run-off run-off is well-documented, well-documented, but the debris debris but the accumulation, sedimentation and habitat disturbance probably had accumulation, subtidal the greater greater impact impact on on abalone. abalone. The beaches and shallow shallow subtidal the habitats were literally literally awash with vast accumulations accumulations of large large woody at least least aa year year after after (Ron (Ron Warner, Warner, California California woody debris for at Department of of Fish Fish and and Game, Game, personal personal communication). communication). It It is is felt felt Department the nearshore nearshore ecosystem ecosystem was heavily battered and disturbed disturbed that the by rolling great Alaska earthrolling logs logs and and rocks. rocks. The The tsunami tsunami of the great earthquake also occurred in the spring of 1964, 1964, devastating Crescent Crescent City, California where occurs where much much of the known abalone habitat occurs in Del Norte County. County. in Del Norte Page 2 documented staff documented Preliminary surveys surveys by Fish Commission Commission staff Preliminary an unusual unusual number number (50 (50 to to 75) 75) of large large empty empty citizen reports of an abalone shells shells in in Mill Mill Beach Beach Cove Cove near near Brookings Brookings in in 1965. 1965. They able to to detect detect only only one one live live abalone abalone in in aa three-day three-day also were able search, in an an area area where where they they expected expected to to find find several several dozen. dozen. search, comprehensive dive survey survey of Oregon Oregon abalone abalone habitats habitats was was A more comprehensive conducted by staff staff in in 1969. 1969. Out of of 127 127 red red abalone abalone counted, counted, came from from aa very very small small area area near near Cape Cape Ferrelo. Ferrelo. As all but but 10 came As reported by harvesters reported harvesters and in previous previous surveys, there were no no juveniles and extremely extremely few few small small adults adults detected. detected. No survey survey work has has been been conducted conducted since. since. Other natural disturdisturOther than by natural bance, removals of adult abalone from the wild have occurred bance, the the removals in three ways: in ways: sport harvests, harvests, commercial surveys and and by sport commercial surveys researchers. researchers. a four four year year only estimates estimates of sport sport harvest The only harvest come from a in the the 1970's 1970's when when the the Fish Fish Commission Commission required required abalone abalone period in harvest permits. permits. During the four four years, harvest was was 122 122 harvest years, reported reported harvest animals, animals, or or about about 30 30 per per year. year. All but 55 of of these these animals animals were were from the Brookings-to-Ferrelo area and most were picked picked by by expeexperienced Virtually all animals seen rienced local local divers. divers. Virtually seen by permittees permittees were near near or or above above the the 88 inch inch minimum minimum size. size. Draft Draft recommendarecommendalimit from from this project project included included lowering lowering the tions from this the bag bag limit three week, at least until more was known known about three to to one one animal animal per week, abalone reproduction. reproduction. The pattern and amount of of harvest harvest is is The pattern and amount probably similar similar today, today, but there is is no way to to be be sure. sure. AnecdoAnecdoreports and and personal personal experience experience indicate steady tal reports indicate aa low but steady removal harvest removal of of very large large animals, animals, with the large majority of harvest occurring localized areas areas near near Brookings. Brookings. world occurring in aa few localized A world record animal animal (12.2 (12.2 inches) documented California officials officials documented by California in September 1993 was allegedly California allegedly taken taken in Oregon by aa California trophy hunter mishunter (guided by aa local local diver) diver) who purposely purposely misreported reported the the area area of of catch. catch. Probably less than a half dozen dozen are are taken annually annually in in areas areas other other than than the the Brookings Brookings vicinity. vicinity. The The taken reported abundance in the nearby Crescent City is currently City area is low, attracting some additional additional pressure the few few productive productive pressure to the spots in Oregon. Oregon. spots in The second type type of removal, The second removal, commercial harvest, was confined four year year period period prior prior to to the the 1964 1964 flood. flood. A reported reported 238 238 to aa four animals were taken for market research purposes, purposes, again again all very large and from from aa few few locations locations near near Brookings. Brookings. large and The removals removals by state state researchers amounted 9 animals in amounted to to 7 79 two of of the the same same few few locations, locations, virtually all very large large animals animals two These animals were used for for (one was measured at at 12.5 12.5 inches). inches) was measured culture in Central Central culture experiments experiments and and as as outplants outplants to to Whale Whale Cove Cove in . Oregon. Oregon. are two two recorded recorded outplants outplants of of Northern Northern California California There are abalone in in 1969. 1969. 50 animals animals (Ft. Bragg) Bragg) wild wild stock adult red abalone on aa pinnacle pinnacle just just south south of Goat Goat Island Island off off Harris Harris were place on Beach State State Park Park near near Brookings. Brookings. Another 75 animals animals were placed at aa site site on on Rogue Rogue river riverreef reefofoff Gold Beach. Beach. The animals animals were were f Gold tagged with stainless stainless steel steel tags, tags, but but no no follow-up follow-up was was conducted. conducted. tagged with Page 3 notes indicate indicate that some of the animals may Field notes may have been in a stressed condition prior prior to to release. release. stressed condition few sublegal sublegal animals animals have been seen seen since since the the species species Very few was described in in Oregon. Oregon. This This fact, fact, combined with a conservative conservative was described and a liberal (8 inches) inches) and liberal bag limit limit (3 per 77 days), days), size limit limit (8 means that that most most abalone abalone encountered encountered are are currently currently harvested. harvested. As As an example, two biologists reported a sport diving trip in 1991 1991 example, two biologists reported where several several hours of searching searching a "hot-spot" "hot-spot1*finally yielded 5 large abalone clumped clumped at the base base of of one one large large boulder. boulder. Two Two could have have been been legally legally large animals were removed removed but all all 5 could taken. The reproductive success of of the Oregon population taken. reproductive success population may Another depend the existence existence of of such such aggregated aggregated adults. adults. ' Another depend on the example comes comes from from a a rare rare shore shore picking this year where two two very example large animals were discovered discovered and remote rocky rocky and removed removed from from a remote shore. shore. Interviews with commercial divers indicate commercial divers indicate that there there are are scattered animals at at the the offshore offshore Rogue and Orford Reefs, as well scattered animals Reefs, as as along along certain certain shoreline shoreline locations. locations. One experienced experienced Brookings Brookings as "as many as as 100 100 animals" animals1*at at urchin seen "as urchin diver estimates he has seen "40 to to 50 50 dozen" dozenn in in the the Brookings area area during the the Rogue and "40 Rogue Reef and course of hundreds of hours hours underwater underwater in in these these two two areas. areas. hundreds of course of Recent Recent Events Events 1993, staff staff began began a cooperative abalone abalone enhancement enhancement In 1993, In a cooperative Brookings recreational divers, project with Brookings divers, and and has worked with Friedman of of California California Department Department of Fish Fish OSU and and Dr. Dr. Carolyn Carolyn Friedman Previous and Game to to work work out out health health certification certification procedures. procedures. Previous attempts at outplanting outplanting young abalone raised raised in California were halted until it it could could be be verified that two micro-organisms micro-organisms verified that halted until present the abalone abalone were either either present present in the present in native stock or non-pathogenic. non-pathogenic. OSU has class molluscan molluscan broodstock broodstock facti.facilOStJ has developed developed a a world world class under the the direction direction of of Dr. Dr. Chris Chris Langdon. Langdon. Department Department staff staff ity under began assisting OSU in collecting collecting red abalone abalone for use as broodstock in 1994 1994 under under aa scientific scientific collection permit (ORS (ORS 508.111 508.111 and 508.116). 508.116). Conservation and Enhancement Enhancement of of Native Native Red Red Abalone Conservation and balone As illustrated illustrated above, above, red abalone abalone are are successful successful broadcast broadcast spawners when sufficient numbers of adults in close proximity to to spawners one another have have the the opportunity opportunity and and conditions conditions to to spawn. spawn. Larval one another Larval survival to to the the settled settled juvenile juvenile stage is dependent on on appropriapproprisurvival ate environmental environmental conditions. conditions. Spawning induced in the the Spawning can can be be induced aquaculture facility environmental conditions conaquaculture facility and and environmental conditions can can be conadults are are trolled so so that that larval larval survival survival is is high. high. As few few as as 20 adults trolled needed to ensure ensure genetic genetic diversity diversity of native parent parent stock stock needed of the native (Dr. Chris Langdon, Langdon, personal personal communication). communication). use of of stock stock The use to Oregon Oregon will reduce reduce the the potential for introducing introducing disdisnative to ease into into Oregon's Oregon's aquaculture aquaculture facilities facilities or or into into coastal coastal waters. waters. ease The proposed use native red red abalone for commercial and The use of of native abalone for commercial and Page 4 research aquaculture research aquaculture purposes will provide seed seed stock stock needed needed for for enhancing Oregon's Oregon's depleted depleted populations. populations. enhancing In summary, summary, there there is is aa low-level, low-level, trophy-style fishery for for red abalone abalone in in Oregon. Oregon. We would would like like to begin applying applying modern modern priate for sessile broodstock management management principles principles appro appropriate sessile inverinvertebrates. The red tebrates. red abalone abalone population population may may need need some some positive positive input Oregon's rocky shoreline shoreline input from from us us to ensure its place in oregon's ecosystem. ecosystem. 111. PUBLIC PUBLIC INVOLVEMENT INVOLVEMENT III. Newport and and Agua-Dulce Agua-Dulce Staff has met met with with the the Port Port of of Newport Staff Partners in 1994 1994 to to discuss discuss their their proposal. proposal. Staff held a public public Partners in meeting March 2, 2, 1995 1995 to discuss abalone abalone and and salmon salmon issues issues meeting March to discuss related to related to the the intended intended use use of of the the former former Ore-Aqua Ore-Aqua facility. facility. Two Two about abalone individuals spoke spoke about abalone and were were supportive supportive of of the individuals the proposal. proposal. IV. IV. COMMISSION COMMISSION OPTIONS OPTIONS : Allow collection of of native native abalone abalone for use use as Option 1 1: Allow the collection as broodstock in a commercial facility through through commercial aquaculture aquaculture facility issuance issuance of of aa special special permit. permit. benefits of this this option option are are development development of of cultured cultured The benefits stocks of consistent with a genetic make-up stocks of abalone having having a make-up consistent abalone native may prove to abalone native to to Oregon. Oregon. These abalone may to be be better better suited both in aquaculture and in the suited for growth growth and and survival survival both aquaculture and By obtaining native wild as wild as outplanted outplanted enhancement enhancement stocks. stocks. By obtaining native broodstock, the broodstock, the potential for for propagation of disease disease is is reduced. reduced. Some depletion of native stock is required which which might might jeopardize jeopardize Some depletion some populations. Reductions in native stock due to to collections collections some populations. could be offset offset by enhancement using seed abalone developed developed from the native native broodstock. broodstock. The Commission Commission would of wild wild would be be asked asked to allow the taking of from Oregon waters for use as broodstock abalone from broodstock in a commercial abalone abalone facility facility by by modifying modifying OAR OAR 633-05-005. 635-05-005. A special special permit issued including but not would would be be issued including but not limited limited to the the following following requirements: requirements: 1) applicant applicant must must provide provide adequate adequate evidence of aa suitable facility facility and procedures for spawning and suitable and rearing wild or broodimported abalone; abalone; 2) methods for collecting and returning returning broodstock stock abalone abalone to and and from from the the wild; wild; 3) methods checking methods for checking imported kelp food food for for pathogens pathogens or or exotic exotic fauna; fauna; abalone and imported isolation and culturing culturing procedures to prevent contamination 4) isolation contamination of wild stock; stock; 5) 5) and other conditions for for providing providing the the state with abalone stocks and use use of stocks stocks for abalone seed seed for for enhancement enhancement of wild stocks for Abalone would would be collected research research purposes. purposes. Abalone collected and and maintained maintained according to the terms of a a memorandum of understanding between the the Department, Department, Agua-Dulce Agua-Dulce Partners, Partners, and and Oregon Oregon State State University. University. would be Abalone Abalone collected collected under under this this proposal proposal would be quarantined, quarantined, conditioned, OSU's facility. facility. Sharing of abalone abalone conditioned, and and spawned spawned at at OSU's Page 5 broodstock place when Agua-Dulce subsequently take take place Agua-Dulce broodstock and and seed seed would would subsequently facilities were and prepared prepared to to receive receive native native stocks. stocks. facilities were completed completed and 2: Prohibit Prohibit the the taking taking of of wild wild abalone for broodstock in Option 2: a a commercial commercial facility. facility. Commercial abal abalone facilities could could still still obtain obtain br broodstock Commercial one facilities oodstock purchasing abalox abalone other coxnmerc commercial aquaculture facilifaciliby purchasing ial aquaculture ie from from other ties. ties. The benefits benefits would readily available source. The available sourc The would be aa readily e. negative negative aspects aspects of of this option include include the risk this option risk of of introducing mt :roducing into Oregon or or obtainil obtaining diseased animals in to Oregon ig abalone abalone with genetic genetic characteristics not not suitable for for commerc commercial culture or or enhanceenhanceial culture ment of of wild stocks stocks in in Oregon Oregon waters. waters. Page 6 Part PartB B Informational Informational Report Report on on Public Recapture Facility Public Salmon Salmon Release and Recapture Facility SOUTH HATCHERY PROGRAM SOUTH BEACH HATCHERY PROGRAMAT ATYAQUINA YAQUINA BAY BAY Oregon Department Department of of Fish and Wildlife Information Summary March 2, 2,1995 March 1995 BACKGROTJT4D, APPROVALPROCESS PROCESS BACKGROUND, APPROVAL This is aa public public hatchery hatchery program, program, being being developed developed through a cooperative cooperative planning process with the Port process with Port of of Newport Newport and and Oregon Oregon Department Department of Fish and and Wildlife Wildlife (ODFW). (ODFW). The primary primary fishery relatively small run of fishery benefit benefitisis likely likely to to be be the the creation of a relatively hatchery salmon salmonto to the the lower lowerreach reach of of Yaquina YaquinaBay. Bay. A small hatchery small portion of these these fish may then be harvested by in-bay recreational recreational anglers. A variety of non-fishe~y also accrue accrue from fiom the program. non-fishery benefits may also A written Operational Plan (Op Plan) and Memorandum of Understanding Understanding (MOU) are Newport and and being prepared prepared to guide guide this this cooperative cooperative agreement agreement between Port of Newport ODFW. ODFW. Administrative the Port; Port; Administrative and and operational operationaldetails detailsmust mustbe be agreed agreed on on by ODFW and the monitoring, and funding. funding. including evaluation, monitoring, Establishing this hatchery program does not require approval approval by by ODFW ODFWCommission, Commission, as long as it is consistent with ODFW statutes, statutes, rules, rules, and and policy policy guidance guidancedocuments. documents. POLICY GUIDANCE POLICY GUIDANCE Oregon Rules (ORS's, and OAR's). Oregon Laws and Administrative Rules OAR'S). Chinook Plan, Yaquina Basin Plan, Wild Fish Fish Management Policy. SCHEDULE 11995 995 Jan-Mar 22 Mar May-June May-June Fall Policy Op Plan Plan and and MOU MOU development; development; Policy review, Op ODFW Commission information presentation; First First coho coho release; release; broodstock collection. First wild chinook broodstock collection. Spring spring Fall Fall Second Second coho coho release; release; First chinook chinook release; release; First adult adult coho coho return. 11996 996 RELEASE/RETURN LEVELS RELEASElRETLTRN coho 300,000 Developmental Stage: Develovmental Stage: Siletz coho 300,000 (1995)-600,000; Yaquina chinook 150,000. 150,000. Successive SuccessiveStages: Stages: Modest incremental incremental increases permitted, or Modest increases may may be be permitted, program may interrupted, reduced reduced or orterminated, terminated, program may be intemipted, based on on results results of of monitoring, monitoring, costs, costs, etc. etc. ISSUES AND COKCERNS CONCERNS Ex~ected Program: The The potential potential size size of of the theprogram program isisrelatively relatively modest modest Expected Size of Program: compared to former production production by private private hatchery. hatchery. Manager: Portmust mustdesignate designateaafish fishculture culturemanager. manager. Manager: Port Broodstock Collection: Collection: ODFW ODFW must must design design and and assign assignresponsibility responsibility for for Siletz Siletz coho coho and Yaquina fall fall chinook. chinook. Stray Monitoring: Strav Monitoring: ODFW ODFWmust mustdesign designand andsupervise. supervise. In-Bav F i s h e n Monitoring: Monitorin~: ODFWmust mustdesign designand andsupervise. supervise. In-Bay Fishery ODEW S h a r i nFormulas ~Formulasmust mustbe beagreed agreed on. on. Cost Sharing: Port As "Agent": "Agent": ToTosell selladults adultsand andeggs eggstotosupport supportcosts costs of of program. program. Port As Allocation Agreement must must be be reached reached as as how how proceeds proceeds from sales sales Allocation of Sales Proceeds: Agreement are returned to reimburse reimburse costs costs of of program program to to Port Port and and ODEW. ODFW. S t r a v i n ~and and Breeding: Breeding: Program Program will will be be monitored monitored for forcompliance compliance with with WFMP; WFMP; Straying hatchery consistent with with ODFW ODFW hatchery hatchery breeding breeding hatchery breeding breeding program program will will be consistent procedures and guidelines. guidelines. fromODEW ODFW hatcheries hatcheries Diseases: Some Somerisk riskexists existsthat thatdisease diseasemay maybe be transferred transferredto to and andfrom basin, routine disease inspections will be conducted to guard against and the Yaquina basin; this occurrence. occurrence. Funding and andPersonnel: Personnel:Issues Issuesofoffhnding fundingand andstaff staffinvolvement involvementmust must be be agreed agreed upon; upon; this program require adjustment adjustment of of existing existingODFW ODFWworkloads. workloads. certain elements of this ODFW Policies: Policies: This This program program is being being developed developed in accord accord with with existing existing laws, rules, and policies. Com~etitionand Predation: Some Some will will occur, occur, far far less lesssignificant significant than than during during the the Competition and Predation: operation of the private private hatchery. hatchery. Law Enforcement: Enforcement: Modest Modest increase increase in law enforcement enforcement need is is anticipated; anticipated; public public assist compliance compliance with regulations regulations will be needed. pressure to assist Hatcherv Loeistics: Significant Significant issues issues need need to tobe beaddressed addressedregarding regardingboth bothODIFW ODFW Hatchery Logistics: and the release/capture releaselcapture site. site. facilities and Fisherv Benefits: Are Arelikely likelytotobe berelatively relativelymodest. modest. Fishery Benefits: Accountabilitv: TheOp OpPlan Planand andMOU MOUwill willdefine defineaccountability accountabilityof ofthe the program. program. Accountability: The Loneevitv: terminated for number of of reasons reasons Longevity: This This program programmay may be be reduced reduced or or terminated for a number certainrequirements requirements described may also also be beincreased increasedmodestly modestlyififcertain described in in the MOU; itit may described in the MOU are met. Orderlv Termination: Termination: The TheMOU MOUdescribes describes the the Port's Port's obligations obligations in in the the event event that the Orderly program is is terminated. It] OperationalPlan Planfor forthe theSalmon SalmonRelease Release and andRecapture RecaptureFacility Facility Operational at South South Reach, Beach, Oregon Oregon at Summary Introduction The Port Port of of Newport Newportintends intendsto tooperate operateaaportion of the the former formerOregon OregonAqua-Foods Aqua-Foodssalmon salmon The portion of SwthBeach, Beach, in in agreement agreement with with the the Oregon Oregon Department D e p m e n t of of Fish Fish releaseand andrecapture recapturefacility facilityatatSouth release enhanced in-bay in-hay and Wildlife, Wildlife,to toproduce producecoho cohoand andchinook chinooksalmon salmonfor forrelease releaseto toprovide providefor forenhanced and fisheriesfor forthe thepublic. public.The Theplan plancalls callsfor foroperation operationconsistent consistentwith withapplication applicationfishery fisheryrules, rules, fisheries Smeof ofOregon Oregonand andto tooperate operateat at relatively relatively low low levels levels of of releases. Any Any policiesand andplans plansof ofthe theState policies beuntaken untakenonly onlyafter afteran anevaluation evaluation of of opportunities opportunitiesand and constraints. constraints. increasein inproduction productionwould wouldbe increase The release release of of salmon salmon isisexpected expectedtotobe bepart partof ofaaone oneor or more more complimentary complimentaryactivities activities on the site. The Brief History Historyof of the theSouth SouthBeach BeachFacility Facility Brief 1971 1971 1975 1975 1977-79 1977-79 1989 1989 1990 1990 1990-92 1990-92 1994 1994 Incorporation Incorporation of of Oregon Oregon Aqua-Foods Aqua-Foods Acquisition Acqulsltlonby byWeyerhaeuser WeyerhaeuserCompany Company Consmcuon of of Springfield Spnngf~eldhatchery hatchery and and South South Beach Beach release release and and recapture recapture facility facfity Construction Acqlusltlon by by Oregon Oregon Salmon, Salmon,Inc. Inc. Acquisition Foreclosureby by Alleco, AUeco, aa secured secured creditor cre&tor Foreclosure Recapture Recapturefacility f d t y use use only. only. Facdity acquired q w e d by by the the Port Port of of Newport Newport Facility Cooperative Project Project Cooperative The The release releaseand andrecapture recapturefacility facilitywill willbe beoperated operatedby bythe the Port Port of of Newport, Newport,which whichwill will be be responsible responsiblefor forsalmon salmonacclimation, acclimation,release, release,and andfor forrecapture recapture of of adults adults not not harvested harvested in in the the public public fishery. fishery. Income Incomefrom fromreturns returnstotothe thefacility facilitywill willbe beearmarked earmarked by by the the Port Port to to defray defray directly related D e p m e n tof ofFish Fishand andWildlife Wildlife expenses to to producing producingfor forthe thepublic public fishery. fishery. The TheOregon OregonDepartment expenses (ODFW), through through an an agreement agreement with with the Port, will provide eggs, smolts, (ODFW), smolts, technical assistance, and thebroodstock broodstock development developmentphase--through 1998. 1998. other services servicesduring during the other Stocks to to be Released Released Stocks The plan plan calls calls for for releases releasesboth bothSiltez Siltezstock stock coho coho and and Yaquina Yaquina fall chinook. The Thecoho cohowould wouldbe be The hatched and and reared rearedat at the theSalmon Salmon River River hatchery hatchery with with broodstock from the Rock Rock Creek facility on hatched the fall chinook Siletz. AAbroodstock broodstockisisavailable availableand andcommitted committedfor for release release in in 1995. 1995. The The Yaquina Yaquinafall the Siletz. will need need to to be be developed. developed. The Theplan plansuggests suggestsbroodstock broodstockcollection collectionin in 1995 1995with with broodstock will broodstock at the the Fail Fall Creek Creek hatchery hatchery on the Alsea Releases would would begin in in 1996. 1996. After After1998, 1998,the the rearing at rearing Alsea. Releases South SouthBeach Beach facility facilityis isexpected expectedto to meet meet its its own own broodstock broodstock needs needs for for coho coho and and chinook, chinook, subject subject to to hatchexypolicies. policies. infusion of of wild wildstock stockto tomeet meetthe the state's state's hatchery infusion 10 Release Levels Levels Release Duringthe the broodstock broodstockdevelopment developmentphase, p h w ,the theplan plansuggestions suggestionsrelease releaseof of 300,000 300,000to to 500,000 500,000 During coho and and 150,000 150,000chinook. chinook.These Theselevels levelsare arewell wellwithin withinthe therelease releaselevels levelsnecessary necessarytotobe be coho consistentwith withthe theYaquina YaquinaRiver RiverBasin BasinFish FishPlan Planand andthe theWild Wild Fish Fish Management Management Policy. Policy. consistent Release Releaszlevels levelsare aresubstantially subsfantiallybelow belowthose thoseof ofearlier earlieroperations operationsand andlower loweror orequal equalto tothe the Department's1991 1991recommendations recommendationsfor forcontinued continuedprivate private salmon salmon ranching. ranching. In Inaddition, addition,coho coho Department's smolts smoltswifi will be be yearlings, yearlings,and andthe theacclimation acclimationperiod period for forboth bothcoho coho and and chinook chinook will will be be at at least least 2121days. days. These Thesemanagement managementpractices practicesare areintended intendedtotoreduce reducestraying strayingin in the theYaquina YaquinaRiver River basin basin and and adjacent the post-broodstock phase would be undertaken only after adjacentstreams. streams.Increased Increasedreleases releases in in the an evaluation evaluationof ofthe thesuccess successof ofthe the facility facility to to provide provide for for public fisheries fisheries and to avoid adverse an wild stocks. stocks. impacts to wild Recapture The recapture recaptureportion portionof of the thefacility facilitywifi will operate operate between between August 11 and November 30 of each year The If, for at levels that provide an appropriate attractant attractant for for return return salmon. salmon. IC for some some reason, reason, releases of salmon is terminated, the Port will continue to operate the recapture up to four years beyond beyond the the salmon is terminated, the Port will continue to operate the recapture up to fouryears last release releasein inorder orderto toreduce reducestaying. staying. last Operational Agreement Agreement Operational The Port Port of Newport Newpoa and and the the Oregon Oregon Department Department of of Fish Fish and Wildlife are expected expected to agree agree to to the the The purposes and and the the operation operationof of the the facility facility in aa cooperative coopzrative agreement through a memorandum of purposes understanding (MOU). (MOU). The TheMOU MOUstipulates stipulatesobligations obligationsof of the the Port Port and and the the Department Department for understanding raft MOU is appended to operation and and for forcontingencies contingenciesin in case case of of discontinuing discontinuing operation. A d operation draft the plan. OtherSite Site Uses Uses Other The The release release of of salmon salmonto to augment augmentaa public public fishery fLshery provides an additional opportunity to work in close bannony harmonywith withother otherpotential potential uses uses of the facility. facility. Some Someof of those those uses uses include include abalone fanning, fkning, salmon salmonand andtrout trout farming, farming,fee fee fishing fishing ponds, and sightseeing. Salmon Salmon releases, therefore, are arz part part of of aa larger largereffort effort at at marketing marketing the the South South Beach Beach area's area's attractions--Oregon attractions--Oregon therefore, Coastal Coastal Aquarium, Aquarium,Hatfield HatfieldMarine MarineScience ScienceCenter, Center,South SouthBeach Beachmarina--as marina--aswell wellas asfuture future attractionsand and operations. operations. attractions 11 I?2 41 OREGON ADMINISTRATIVE ADMINISTRATIVE RULES RULES OREGON OREGONDEPARTMENT DEPARTMENTOF OF FISH FISH AND AND W1LDUFE WllDUFE OREGON Fun WlidIuf.j Note: [[ ]] means means proposed proposed to t o be be deleted deleted Note: - Bold means means proposed proposed to t o be be added. added. Bold Prohibited Prohibited 635-05-005 (1) Exceot as as provided arovidedin insubsection subsection(2) (2)ofofthis thisrule, rule,[It] [It]it2isisunlawful unlawfilto to 635-05-005 (11 Except take abalone abalonefor for commercial commercial purposes. purposes. take commercial aguaculture aauaculturefacility facilitv may mav take take abalone abalonefor foruse use as as broodstock broodstock under under (2) AAcommercial the tenns termsand andconditions conditionsspecified suecified in in aa pennit oermitissued issued by bv the the Oregon Oregon Department Deaartmentof of Fish the and Wildlife. Wildlife. Application Aoolicationfor forsuch suchaapermit oermitshall shallbe bein inwriting writingand andsh'all shall include include aa and descriotion of of the the commercial commercial aquaculture aauaculture facility, facilitv. the the methods methods for for collecting collectine and returnin9 description returning broodstock abalone abalone to to and and from from the thewild, wild, the the methods methods for for checking checking abalone abalone and and imported imuorted broodstock kelo food for pathogens oathogens or or exotic fauna. culturine abalone abalone kelp fauna, the orocedures procedures for isolating and culturing urevent contamination contamination of of wild wild abalone stock and such other information as the to prevent to Department may shall Deoartment may require. reauire. Permit Permitapplications au~lications shallbe bemailed mailedto: to:Marine MarineRegional RegionalOffice, Ofice, Deoartmentof ofFish Fishand andWildlife, Wildlife,2040 2040 SE SEMarine MarineScience ScienceDrive, Drive, Newport, Nemort. OR, O R97365. 97365. Department Adopted 3-22-95, 3-22-95, ef. ef. 4-1-95. Stat. Auth.: Auth.: ORS ORS506.119 506.119& &506.129. 506.129. Adopted 4-1-95. Stat. Div. 05-1