OREGON
IOREGON
,9~
and Wildlife
Wildlife Commission
Commission
Oregon Fish and
lIctáer,
il'ct@lIler, 19,
I@}, 2MI
201
IEXHIBIT
EXHIBIT
:GiJ
Fish
Fish &
& Wildlife
Wildlife
SUBJECT
Developmental Fishery Program
PRINCIPAL
STAFF PERSON
Jean McCrae
COMMISSION
ACTION
REQUESTED
The Commission will
consider
will review
review the
the Developmental
Developmental Fishery
Fishery Program
Program and consider
regulations changes
changes as recommended by the Developmental
Developmental Fisheries
Fisheries Board.
Board.
DOCUMENTS
ATTACHED
1. Agenda Item Summary
Summary
Hearing Notice and
and Fiscal
Fiscal Impact Statement
Statement
2. Rearing
Staff Report
3. Stafi'Report
4. Draft Administrative Rules
5. Public Correspondence
RELATED
STATUTES
ORS 506.109, 506.119, 506.129, 506.450, 506.455, 506.460, and 506.465
506.465
RELATED
RULES
OAR Chapter 635, Division 006
and
wed by:
REDACTED FOR PRIVACY
/0-3-
Director
General
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
Jo/37ô/
Date
foJ 3/e'
I
Agenda Item Summary
$
BACKGROUND
Under ORS 506.450 - .465,
.465, the
the Commission
Commission is directed to establish
establish a
Developmental fisheries are
Developmental Fishery
Fishery Program
Program by
by rule.
rule. Developmental
those designed to develop harvest methods and markets for underused
fishery species.
ofthe program
program for
for each
each of
of the
the species
species on
on the
the
fishery
species. Part of
developmental fisheries
developmental
fisheries list
listdetermines
determineshow
howto
to allocate
allocate the
the opportunity
opportunity to
develop these fisheries
fisheries among
among those
those who
who may
may want
want to participate, when
applications must
applications
must be
be submitted,
submitted, and
and renewal
renewal requirements
requirements for
for those who
wish
The statute
statute creates
creates aa Developmental
Developmental
wish to
to continue
continue in
inthe
thefishery.
flhery. The
appointed by the Commission,
Commission, which makes
Fisheries Board, appointed
recommendations
recommendations to
to the Commission
Commission regarding
regarding changes
changes to
to the program
each year.
This year,
year, the
the Developmental
Developmental Fisheries Board recommends
year. This
only
only one
one change
change to
to the program, relating to the application deadline for
those participating in the box crab
crab developmental fishery.
fishery.
PUBLIC
INVOLVEMENT
•
ISSUE 1
Adjust the application deadimes for box crab permits
ANALYSIS
Currently,
Currently, the application deadline
deadline for
for new
new permits
permits isis January
January 31,
31, and
and no
no
new permits
permits can
can be
be issued
issued until
untilthe
thefirst
firstweek
weekof
ofFebruary.
February. In 2001, many
people were interested in landing
landing box
box crab
crab in
in January
January to
to supplement a very
very
slow Dungeness
However, because
because the permit
permit deadline
deadline for new
Dungeness season.
season. However,
permits is January
January 31,
31, no new permits could be issued until the first week
of February
Only vessels that
February and
and no
no permits
permits were
were renewed
renewed from
from 2000.
2000. Only
renewed their permit
permit from
from 2000
2000 could
could fish
fish in
inJanuary.
January. Therefore, no
landings of box crab
The Developmental
Developmental
landings
crab could be made
made in
in January.
January. The
Fisheries
crab
Fisheries Board is recommending the application deadlines for box crab
permits be set back one month so new permits can be issued the beginning
ofJanuary.
of January.
OPTIONS
1.
by
1. Change box crab permit application deadline as recommended by
Developmental Fisheries Board.
2.
Makeother
otherchanges
changestotoDevelopmental
DevelopmentalFishery
Fishery program.
program.
2. Make
3.
Makeno
nochanges
changes to
to the
the program.
program.
3. Make
STAFF
RECOMMENDATION
Option 11
Option
Developmental Fisheries
Fisheries Board
Board was held
The regular meeting of the Developmental
August 2,
200 I. The
The issue
issue outlined
outlined in the staff report was discussed at
2, 2001.
meeting. This
This meeting
meeting is a "public meeting"
this meeting.
meeting" and
and subject to the
Oregon Meetings Law.
DRAFT MOTION
I move to amend OAR 635-006-0910 as proposed by staff adjust deadlines
apphcatton for box crab permits to December 1 for permit renewals and
January 1 for new permits
EFFECTWE DATE
u
on film
Secretary of State
NOTICE OF PROPOSED RULEMAKING
RULEMAKlNG UEARING*
HEARING"
A Statement
fonn.
Statement ofNeed
of Need and
and Fiscal
Fiscal Impact accompanies this form.
Oregon Department
Fish Division
Division
Oregon
Department ofFish
of Fish and
and Wildlife
Wildlife(ODFW)
(ODFW)- Fish
635
Agency and Division
Administrative Rules
Adtnisiistrative
Rules Chapter
Chapter Number
Number
Mike Lueck
Ext 5447
5447
(503) 872-5272, Ext.
Rules Coordinator
Telephone
2501 SW First
O. Box
Box 59;
59; Portland,
97207
2501
First Avenue;
Avenue; P. 0.
Portland, OR
OR 97207
Adill",
Shilo Inn --30
30 N.
N. Prom
Prom
10119101
8:00 a.m.
Seaside, OR 97138
10/19/01
Fish and Wildlife
Commission
Hearing Date
Heating
Time
Location
Hearings
Hearings Officer
Hearing Date
Time
Location
Hearings
Hearings Otlicer
Officer
Hearing Date
Time
Location
Hearings
Hearings Officer
Are auxiliary aids
aids for
for persons
persons with
with disabilities available upon advance request?
Yes
X
No
RULEMAKING ACTION
ADOPT:
Secure
rule numbers with
with the
the Administrative
Administrative Rules
Rules CoiL
Unit prior
prior to filing,
ftling.
Secure approval
approval of
ofrule
AMEND:' OAR
OAR 635-006-0800
635-006-0800 through
through 635-006-0950
635-006-D950
REPEAL:
Renumber:
Secureapproval
approvalofofnile
rulenumbers
numberswith
withthe
theAdministrative
Administrative Rules
Rules Unit
Unit prior
prior to
to filing.
filing.
Renmnber: Secure
Amend
Renumber:Secure
Secure
approval
rule
numberswith
withthe
theAdministrative
AdministrativeRules
RulesUnit
Unitprior
priortotofiling.
filing.
Amen.! and Renumber,
approval
ofof
rule
numbers
Stat Auth.:
and·506.119
Stat.
Auth.: ORS 506.109 and.506.119
Other Authority
506.455, 506.460,
Stats.
Stats. Implemented:
Implemented: DRS
ORS 506.129, 506.450, 506.455,
506.460, and
and 506.465
506.465
RULE SUMMARY
Amend
application deadlines for box crab permits.
permits.
Amend rules to change the application
REDACTED FOR PRIVACY
October 19, 2001
Last Day for Public Conunent
Comment
Authorized Signer and Date
Sharon M.
M. Bird
'"The
ofeach
each month
month and
and updates
updates the
rule text found
The Oregon Bulletin
Bulletin is
is pubLished
published on
on the
the 1st
lit of
the rule
found in
in the
the Oregon
Oregon Administrative
AdministrativeRules
RulesCompilation.
Compilation. Notice
Notice fonns
forms must
must be
be submitted
submittedto
the Administrative
Administrative Rules
Archives, 800 Summer Street NE, Salem, Oregon 97310 by 5:00 pm on
on the
tae 15th
15th day
day of
ofthe
the preceding
preceding month
month unless thu
this deadline falls
Rules Unit,
Unit, Oregon State Archives,
ARC
920-• 1997
an a Saturday,
when Notice
Notice forms
forms are accepted until 5:00 pm on the preceding workday.
workday.
ARC 920
1997
on
Saturday, Sunday or legal holiday when
Secretary of State
STATEMENT OF NEED AND
AND FISCAL
FISCAL IMPACT
A
A Notice
Notice of
of Proposed Rulemaking Hearing or a Notice of Proposed Rulemaking accompanies
accompanies this
this fann.
form.
Oregon
Oregon Department
Department ofFish
of Fish and Wildlife - Fish Division
635
Agency and Division
Administrative Ruies
Rules Chapter
Chapter Number
Number
Administrative
of amendment of
In the Matter of
OAR Chapter 635, Division 006
relating to Developmental Fisheries
Program
)
))
))
)
))
Statutory Authority,
Statutes Implemented,
of Need,
Statement of
Principal Documents Relied Upon,
Statement of Fiscal Impact
Statutory
ORS 506.109
506.109 and
and 506.119
506.119
Statutory Authority:
Authority: ORS
Other Authority:
Statutes Implemented: ORS
ORS 506.129,
506.129,506.450,
506.450, 506.455,
506.455, 506.460,
506.460, and
506.465
Statuteslmplemented:
and506.465
Rule(s):
Need for the Rule(s):
The
rules are needed
needed to
to adopt
adopt regulation
regulation changes
changes in
in the
the application
application deadlines
deadlines for box crab
crab permits
permits
The rules
by the Developmental
Developmental Fishery
Fishery Board.
recommended by
Documents Relied Upon:
a.
. b.
Oregon Fish
Fish and
and Wildlife
Wildlife Commission
Commission Meeting
Meeting of
ofOctober
October 19,
19, 2001
2001
Staff report for Oregon
Oregon Administrative Rules
The above documents are available
available for public inspection in the
the Department
Department of Fish
Fish and
and Wildlife,
Wildlife, Fish
Fish
2501 SW
SW First
First Avenue,
Avenue, Portland,
Portland, Oregon,
Oregon, between
between 8:00
8:00 a.m.
a.m. and
and 4:30
4:30 p.m.,
p.m., on
on
Division, Third Floor, 2501
days, Monday
Monday through
through Friday.
Friday.
normal working days,
Fiscal and Economic Impact:
attached.
Please see attached.
Administrative Rule Advisory
Advisory Committee
Committee consulted?:
consulted?:
Administrative
and
The
Developmental Fishery
met and
The Developmental
Fishery Board
Board met
considered requests to change
chaoge the harvest programs for
for developmental
developmental fisheries
fisheries species.
species.
If
If not, why?:
why?:
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
Sharon M.
M. Bird
97310,
Administrative Rules
Rules Unit, Archives Division, Secretary of State,
State. 800
800 Summer
Summer Street
Street NE,
NE, Salem,
Salem, Oregon
Oregon 97310.
ARC 925
925 .• 1997
1997
ARc
Impact Statement for the October 19,
19, 2001
200 1 Hearing in the Matter of
of the
Economic Impact
of Rules Relating to the Developmental Fisheries Program
Amendment of
Fiscal and economic impact:
The proposed
proposedrules
ruleswill
will affect
affect state
state agencies,
agencies, units
units of
oflocal
impact: The
local
the public,
public, respectively,
respectively, as
The amendment
amendment is
is needed to
to
government and the
as discussed
discussed below.
below. The
deadlines for renewal
renewal of
ofbox
box crab
crab permits
permits and
and applications
applications for new
new box
box crab
crab
change the deadlines
permits.
a.
Theonly
onlystate
stateagency
agencywhich
whichshould
should be
be affected
affected by
by adoption
adoption of
ofthese
these rules
rules is
is the
the
a. The
Oregon Department of
ofFish
Wildlife. No significant
significant changes
changes from the current
Fish and Wildlife.
legislatively
legislatively approved
approved levels
levels of
of the
the department's
departments operations or expenditures are expected
as a result of
of the amendment
amendment of
of the rules recommended by the staff
Nounits
unitsof
oflocal
government are
are expected
expected to be
be affected
affected by these
No significant
significant
b. No
local government
these rules.
rules. No
current levels
levels of
of any local
changes from the current
local agencies'
agencies' operations
operations or
or expenditures
expenditures are
result of
ofthe
the adoption
adoption of
ofthese
these rules.
rules.
expected as aa result
c. The
rules: The
c.
The public
public could
could be
be affected
affected by the adoption of these rules:
The existing statute and
rules require adoption
adoption of
ofaa list
list of
ofdevelopmental
developmental fisheries
fisheries species, and the establishment or
or
maintenance of
of limited entry harvest systems
systems for the associated developmental fisheries.
fisheries.
For this hearing,
hearing, ODFW
ODFW staff
staff proposes that
that changes
changes in
in the
the deadline
deadline dates for box crab
crab
and new
new permit
permit applications
applications be considered
considered by
by the
the State
State Fish
Fish and
and Wildlife
Wildlife
permit renewals and
Commission.
.
Currently
thenumber
number of
ofrenewals
renewals is
is
Currently the
the deadline
deadline for
for permit
permit renewal
renewalisisDecember
December31
3 .t.l. IfIfthe
less than the 25 permits
permits authorized for the box crab
crab fishery,
fishery, then new permit applications
31st,
't. After
After January
January 31
.t, new permits
permits are
are issued.
issued. However if
are accepted until January
January 31
3 l'.
the number of
of renewals and applicants exceeds
exceeds 25,
25, a lottery is held
held with the
the new
applications so that the total number of permits
lottery isis needed,
needed,
applications
permits does
does not exceed 25.
25. IfIfaa lottery
the harvesting of
of box crab by new applicants can't begin
begin until
until early
earlyFebruary.
February.thThe
amendment
amendment proposes to change the permit
permit renewal
renewal deadline
deadline to
to November
November30
3O,, and the
new application
.t.
application deadline
deadlineto
toDecember
December31
31.
The reason for the change
change is to allow
allow permit holders to begin
begin fishing
fishing not later than early
January.
Dungenesscrab
crab fishery
fishery that
that starts
starts in
in December
Decemberisis slow,
slow, for
for example,
example,
January. IfIfthe
the Dungeness
harvesters with new box crab permits may
may want to begin fishing
fishing for
for box
box crab
crab sooner than
early
The amended
amended permit
permit application
application deadlines
deadlines will accommodate harvesters'
early February.
February. The
potential needs to
to begin
begin box
box crab
crab fishing in early January.
If
there could
could be
be an
an increase
increase in
in box
box crab landings if
If the amendments are adopted there
harvesters decide to
to move
move into
into the
the fishery
fishery in early January,
January, which
which isis sooner
sooner than
than possible
possible
under the existing rules.
rules. This
This may
may occur
occur more
more often
often in years when the Dungeness crab
crab
fishery
prices are low.
We don't
don't have
have any
any specific
specific information
fishery isis poor
poor or prices
low. We
information to
to allow a more
more
precise estimate of the potentialihipacts.
..
Overall,
Overall, the
the developmental fisheries
fisheries rules
rules are
are expected
expected to
to produce positive economic
effects
effects for the public and
and small
small business
business both
both in
in the
the short
short run
run and
and in
in the
the long
long run.
run. Rules
Rules
limited entry can be viewed as imposing
relating to limited
imposing additional
additional costs
costs (in
(in the
the form
form of permit
permit
fees)
in the short
short run,
run, and
and potentially
potentially excluding
excluding some harvesters who might
might
fees) on harvesters in
limited entry
However, in
in the
the long
long run,
run,
not apply for limited
entry permits
permits soon
soon enough.
enough. However,
implementation of
of the rules are expected to yield positive economic effects
effects by
by controlling
controlling
the development of
offisheries,
fisheries are sustainable
This is
is
fisheries, so the fisheries
sustainable in
in the
the long
long run.
run. This
intended to help
help prevent
prevent the
the typical
typical cycle
cycle in
in fisheries of
of boom
boom (as
(as aa virgin
virgin fish stock
stock is
is
maximum sustainable
sustainable yield
yield levels)
fished down to maximum
levels) and
and bust
bust (when
(when the
the stock becomes
ofsustaining
sustaining yields
yields at
at the
theinitial
initial exploitation
exploitationlevel).
level).
incapable of
are believed
believed to
to be
beifilly
fully compatible
compatiblewith
legislative direction on
on the
the goals
goals of
offish
fish
The rules are
with legislative
and wildlife management in Oregon.
Most businesses
businesses affected
affected by
by these
these rules
rules are
are believed
believed to
to be
be "small
"small business."
business."
Developmental Fisheries Program
Staff Report
Prepared for Oregon Fish and Wildlife Commission
October 19, 2001
Seaside, Oregon
Summary of Staff Report
staff is submitting recommendations
the Developwental
DeveloPlllental Fishery Board
ODFW staff
recommendations by
b' the
Board for the
Colllmission
Commission to
to adopt regulation changes that would adjust the season for box crab permits.
Key
conclusions from
Key elements
elements and conclusions
from the
the staff
staff report
report are:
The Developmental Fishery Board considered requests to waive the renewal requirements
requirements for
The
sardine permits
permits and to adjust
adjust the
the application
application deadlines for
the new sardine
for the box
box crab
crab fishery.
fishery. The
Board also
also reviewed
reviewed the
the spot
spotprawn
prawnand
andbay
bayclam
clamfisheries
fisheries and
and discussed
discussed requiring
requiring aa business
ofthe
the permit
permit application.
application. Staff
Staffgave
gavean
aninformational
informational update on
on the
the management
management
plan as part of
plan for nearshore
nearshore fisheries,
fisheries.
The ODFW staff
staffand
and Board
Board recommend
recommend adjusting
adjusting the
the application
application deadlines for box crab
crab
in January.
January.
allow for
for more
more harvest
harvest in
permits to allow
1
Outline of Staff
Staff Report
I.
Introduction .........................................................................................................
,
Page 3
II.
ofDevelopmental
Developmental Fisheries Activities
Activities
Reportof
Annual Report
II.
Staff
Issues and Options - Recommendations ...........................
Staff Analysis of Issues
H
..........................
Page 3
• Summarizes permits and landing activities of
ofdevelopmental
developmental fishery
fishery species.
species.
• Summarizes research and management actifities of
of developmental fishery
fishery program
Page 7
Issue!
Adjust the application deadlines for box crab permits.
Option A
(preferred) The Board and
and staff
staffreconunend
recommend the
the Commission
Commission adopt rules to
adjust the application
application deadlines
deadlines for
for box crab
crab permits
permits to
to allow
allow for more
in January.
January.
harvest in
OptionB
Option B
No action: status
statusquo,
quo,the
theapplication
applicationdeadlines
deadlines remain
remain unchanged.
Oregon Administrative
AdministrativeRules
Rules....................................................................................... Page
Page 88
2
I.
Introduction
The public hearing on October
October 19
19 isis the
the annual
annual review
review of
ofthe
the ODFW
ODFW Developmental
Developmental Fisheries
Atthe
thehearing,
hearing,staff
staffwill
willforward
forward aarecommendation
recommendationfrom
from the
the Developmental
Developmental Fishery
Fishery
Program. At
adjust the
the application
application deadlines
deadlines for box
box crab permits.
permits.
Board to adjust
AnnualReport
ReportofofDevelopmental
Developmental Fisheries
FisheriesActivities
Activities
II. Annual
Permits
ODFW staff
136 permits for the
the harvest
harvest of
ofdevelopmental
developmental fisheries
fisheries species through
staff has issued 136
through
(Table 1).
1). Of
Ofthe
the120
120permits
permitsissued
issued in
in2000,
2000,33
were renewed
renewed for
for 2001
2001 (as
(as
August, 2001 (Table
33 were
compared to 30 the
the previous
previous year).
year). Remaining
Remaining permits for four fisheries (sardines,
(sardines, box crab,
crab, bay
bay
clams, and spot prawns)
prawns) were
were issued
issued through
through aa lottery.
lottery. All
Allavailable
available permits
permits were
were issued
issued for
for
clams,
seven fisheries
fisheries (spot prawns, coonstripe
coonstripe shrimp,
shrimp, box
box crab,
crab, abalone,
abalone, bay
bay clams,
clams, sardines,
sardines, and
and sea
sea
cucumbers with trawl gear).
Landings
Landings of
of developmental
developmental fisheries species through August 2001 are
are summarized
summarized in Table 2.
The majority of
of the
the landings
landings of
of developmental
developmental species were taken as
as incidental
incidental catch in other
other
fisheries,
exception of
of sardines.
sardines. Through August,
August, 11
11 vessels
vessels have
have landed
landed 23.6
23.6 million
million
fisheries, with the exception
pounds of sardines into Astoria.
Astoria. The
Thevessels
vessels using
using seine gear and targeting
targeting on sardines
sardines averaged
averaged
over 62,000 pounds per trip. Four
Fourother
othervessels
vessels made
made incidental
incidental landings
landingswith
withtrawl
trawlgear.
gear. Log
records through August
August show
show 82%
82% of
ofthe
the landings
landings were taken off Oregon and
and 18%
18% off
Fiveprocessor
processorare
arebuying
buyingsardines
sardines in
in Astoria,
Astoria, an
an increase
increase from
from the
the three
three in
in 2000.
2000.
Washington. Five
The average price for sardines
sardines has
has been
been $0.03
$0.03 per
per pound
pound (down
(down from
from $0.05
$0.05 in
in 2000).
2000). The landing
approximately $20,170
fees for species in all categories have generated approximately
$20,170 into
into the
the developmental
developmental
fisheries
I, through
through July.
July.
fisheries fund
ifind in 200
2001,
Research
Sardines
and summarized
summarized the
the 2000
2000 sardine
sardine fishery
fishery at
at an
an international
international symposium
symposium on sardines
sardines
Staff attended and
in
They also
also presented
presented aa poster
poster on
on the
the 2000
2000 sardine
sardine fishery
fishery at the annual
annual meeting
in Mexico.
Mexico. They
meeting of the
the
Oregon chapter
chapter of
ofthe
the American
American Fisheries
Fisheries Society.
Society.
of sardines from the commercial harvest that will be analyzed
Staff collected samples of
analyzed for size, sex,
maturity, and age. Samples
Samples worked
workedup
up through
throughAugust
Augustshow
showaasize
size range
range of
of148-256
148-256 mm
mm
maturity,
47-241 gm (average 149 gm,
(average 210 mm, 8.25 in) and 47-241
gm, 1/3
1/3 pound).
pound). Sardines
Sardines sampled
sampled in
Dept. of
Fish and Game
were 370/0
37% age 2 and 21%
2000 and aged by
by California
California Rept.
ofFish
(JaIUe :were
21 % for both ages
ages 22
4, with a range of
of2-8
Wehired
hired aaseasonal
seasonal to
to ride-along
ride-along on
on commercial
commercial vessels
and 4,
2-8 years. We
vessels to
observe
Through August,
August, staff
staff made 20 observer trips.
The observed
observed bycatch
bycatch
observe by-catch.
by-catch. Through
trips. The
consisted
Logbook
consisted of
of 22 salmon (averaging
(averaging 1.2
1.2 per trip
trip and
and 64%
64% released
released alive),
alive), and
andtwo
two sharks.
sharks. Logbook
records for
tor 81%
81 % of
ofthe
thelandings
landings through
through August
August show
showbycatch
bycatch of
of417
417 salmon
salmon (averaging
(averaging 1.2
1.2
salmon/trip
salmon/trip - 66% released
released alive)
alive) and
and incidental
incidental catch of
of 42,000
42, 000 pounds
pounds of
ofmackerel.
mackerel.
Pacific Fishery
Fishery Management
ManagementCouncil
CouncilActivity
Activity
PacWc
3
draft of
ofthe
thePacific
Pacific Fisheries
Fisheries Management
Management Council's
Council's (Council)
(Council) fishery
fishery management
management plan
plan
The third draft
higWy migratory species
species (which
(which will
will include swordfish and blue shark) will be reviewed by the
for highly
Staffparticipated
participated in
in 99 team
team and
and Council
Council meetings in the last year in
Council in
in November.
November. Staff
in the
the
development process.
in two Coastal
Coastal Pelagic
Pelagic Team
Team meetings
meetings to finalize
finalize details in
Staff also
also participated in
in the limited
limited entry
entry
fishery in California and to develop
develop an
an MSY
MSY for
for squid.
squid.
Developmental Fishery
Fishery Board
BoardActivities
Activities
Developmental
The Developmental Fishery
1, to
Fishery Board
Board has
has held
held two
two meetings
meetings in
in 200
2001,
to date,
date, and
and has
has a third
third
scheduled for
Attheir
theirfirst
first meeting
meeting in February, the Board recommended
recommended to
for October 2. At
to increase
increase
the number of
of sardine
sardine permits
permits by five
of 20 and recommended that a vessel be
five to
to a total of
be used to
qualify
onlyone
onepermit
permitper
peryear.
year.The
TheCommission
Commissionapproved
approvedthese
theserecommendations
recommendationsininApril.
April.
quali' only
In
adjust the
the application
application deadlines
deadlines for the
the box
box crab
crab
TnAugust,
August, the
the Board
Board considered a request to adjust
fishery.
The Board
Boardalso
also considered
considered aa request
request to
to waive
waive the
the renewal
renewal requirements
requirements for the new
fishery. The
reviewed the spot
spot prawn
prawn and
and bay
bay clam
clam fisheries
fisheries but did not make any
any
sardine permits and reviewed
recommendations at this time.
time. There
Therewas
wasconsiderable
considerable discussion
discussion regarding
regarding requiring
requiring a business
plan as
of the permit
permit application
application to
to discourage
discourage individuals
individuals from obtaining permits for
as part of
speculation.
Staffgave
gavean
aninformational
informational update
update on
on the
the management
management plan
plan for nearshore fisheries.
fisheries.
speculation. Staff
expressed support for establishing
establishing a control date
date for
for aa possible
possible limited
limited entry system for
The Board expressed,
fishery.
the nearshore fishery.
Board will
will consider a proposal to create
create aa bycatch
bycatch allowance for
At their meeting in October, the Board
gap
er clams during the closed season, will
will discuss
gaper
discuss the
the steps needed
needed to remove a species
species from
from the
the
developmental list, and
and will review requiring a business plan
plan as part
part of
ofthe
the permit
permit application.
application.
4
1. 2001
2001 Developmental
DevelopmentalFishery
FisheryPermits
Permits(as
(asof
of9/6/OF).
9/6/01).
Table 1.
Permits
Allowed
Permits
Issued
Pacific hagfish
blue shark
swordfish
25
10
10
20
northern anchovy
anchovy &
&
Pacific herring
herrin.
Pacific sardine &
saufY
Pacific saury
Pacific sandfish
smelt
Pacific nomfret
pomfret
slender sole
15
2
33
15
20*
box crab
Oregon hair crab &
scarlet king crab &
.rooved
grooved tanner crab
spot shrimp
coonstriped shrimp &
&
sidestrine
shrimn
sidestripe shrimp
cockle clams (ocean)
bay clams
giant
.iant octopus
octoaus
California market squid
other squid
snuid spp.
snn,
fragile urchin
sea cucumber
,
marine snails
brine shrimp
flat abalone
Renewals
from 2000
2000
33
11
other
lon~line
longline
7
14
10
20
10
10
I1
25
25*
10
33
I1
6*
10*
10*
5
10*
5*
5*
10*
8
6
10
10
55
10
55
10
30
30
6
6
6
10
10
. 10
10
33
trawl
other
coastwide
south coast
I1
33
55
trawl
other
trawl
other
trawl
diver
other
22
6* ,
33
22
I1
I
1*
I
1
total
allavailable
available permits
pennits issued
issued
_** all
5
136
33
Table
Landings of
ofdevelopmental
developmental fisheries
fisheries species, by category,
August. 2001
Table 2,
2. Landings
category, through August,
Categon' A
Category
Pacific hagfish
blue shark
swordfish
northern anchovy
Pacific
Pacific herring
herring
Pacific sardine
Pacific saury
Pacific sandfish
smelt
Pacific pomfret
slender sole
Pounds
27,964
235
-
46,196
22,445,379
-
Category B
salmon shark
black hagfish
hagflsh
Eelpouts
skilfish
skiffish
carp
yellow perch
brown bullhead
northern squawfish
Oregon hair crab
scarlet king crab
grooved
grooved tanner crab
spot shrimp
coonstriped shrimp
sidestripe
sidestripe shrimp
flat abalone
butter clams
cockle clams
gaper clams
littleneck clams
softshell clams
giant octopus
Calif market
market squid
squld spp.
spp,
other squid
fragile
fragile urchin
sea cucumber
marine snails
brine shrimp
shrimo
.
-
-
77,710
-
euphausiids (krill)
Pacific sand crab
freshwater mussels
box crab
Pounds
62,546
-
613
54,971
1,375
-
1,395
21,428
53,309
775
314
-
11,785
4,057
-
Category C
spiny dogfish
soupfin shark
skate
American shad
Pacific cod
Pacific flatnose
Pacific grenadier
cabezon,
cabezon.
sculpins
kelp greenling
jack mackerel &
Pacific mackerel
Pounds
29,624
344
1,042,453
278,168
61,429
-
156,388
85,977
62
49,443
1,042,093
-
greenstriped
rockfish
redstripe rockfish
rockfish
shortbelly rockflsh
rockfish
sharpchin rockfish
splitnose rockflsh
rockfish
Pacific sanddab
butter sole
English sole
rex sole
rock sole
sand sole
lemon sole
rattish
spotted raffish
wolf-eel
walleye pollock
197,664
1,845
606,248
538,928
2,077
76,833
5,942
2
2,365
9,505
red rock crab
purpIe sea urchins
purple
crayfish
1,522
1,737
64,300
-
-
10
10
5,950
grand total
6
27,070,970
StaffAnalysis
AnalysisofofIssues
Issues and
andOptions
Options -- Recommendations
Recommendations
III. Staff
staff recommendations. The
ThefUll
full text of
of proposed
proposed rule
rule changes
changes is
is
The following discusses staff
8.
attached beginning on Page 8.
issue)
Adjust tire appikation deadlines for box crab permits
Issue 1
Issuel
Interest in box crab occurs mainlywhen
mainly when landings for Dungeness
In 2001,
2001, many
many
Dungeness crab
crab are
are low.
low. In
in landing
landing box
box crab
crab in
in January
January because
because of
of aa very slow
slow Dungeness season.
season.
people were interested
interested in
However, because the
the permit
permit deadline
deadline for new permits is January
January 31,
31, no
no new
new permits
permits could
could be
be
issued until
of February.
February. Only
Only vessels
vessels that renewed
renewed their
their permit from 2000 could
until the
the first week of
However, because
because of
offew
box crab
crab landings
landings in 2000, no permits were renewed for
fish
fish in
in January.
January. However,
few box
boxcrab
crabcould
couldbe
bemade
madein
in January.
January.
2001. Therefore,
Therefore,no
nolandings
landingsofofbox
The Developmental Fisheries Board is recommending the application deadlines
deadlines for
for box crab
back one
one month
month so
so new
new permits
permits can
can be
be issued the beginning of January.
Landings
permits be set back
January. Landings
qualifying for
The deadline
deadline to renew
renew
qualifying
for renewal
renewal would
would run from
from December
December I1 through
through November
November 30.
30. The
land the
thedeadline
deadline for
for applications
applications for
for new
new permits
permits would be
be January
January
a permit would be December land
1I (with a potential lottery 5-7
5-7 days
days later). This
Thiswould
wouldallow
allow new
new permits
permits to
to be
be issued
issued and
and more
more
harvesting during January.
Option A:
(preferred) The Board and staff
staff recommend the Commission adopt rules to adjust
adjust
(preferred)
in January.
January.
the application deadlines for box crab permits to allow for more harvest
harvest in
Option B:
action: status
statusquo,
quo,the
theapplication
applicationdeadlines
deadlines remain
remain unchanged.
No action:
7
accompanied by
by the
the required
required fee
feein
infull.
fill. Any application
DIVISION 006
006
which is not complete shall be
be returned and, unless it is
FISHERIES
COMMERCIAL FISRERIES
thereafter resubmitted and deemed complete by
by the filing
COMMERCIAL
GEAR; LICENSES,
LICENSES, POUNDAGE
POUNDAGE
COMMERCIAL GEAR;
date, the individual shall not
not be
be considered
considered to
to have
have applied
applied
FEES,
timely maimer;
manner;
in aa timely
AND REPORTS
RECORDS AND
(d) Before
applicant must
must
Before applying
applyhig for
for aa permit,
permit, an applicant
first have obtained the
the appropriate
appropriate vessel
vessel license
license (or
(or
individual license if
if permit is tssued
issued to individual)
individual) for
for the.
the
635-006-0910
permit will
will be
be issued.
issued.
year the permit
Issuance, Transfer
Transfer and
aod Renewal
Renewal of
of
Procedures for Issuance,
(2) Number of
of permits allowed:
allowed:
Developmental Fisheries Species
Species Permits
Permits
(a) An individual
individual shall not submit more than one
(I)
(1) Applications:
application, per
per permittee, for each
each developmental
developmental fishery
fishery
(a)
permit must
must submit
submit a complete
complete
(a) An applicant for a permit
species gear category;
(b)
(b) No
No permittee
pennittee who holds
holds a valid developmental
application in writing
writing accompanied
accompanied by an annual
annual fee
fee of
of up
application shall
shall include
include the
the species
species of
offish
to $75. The application
fish to
fisheries permit may apply
apply for
for any
any additional
additional permits for
for
be taken, the method
method and
and gear
gear proposed
proposed to
to be used, and the
the
species gear category.
category. A valid developmental
the same species
area from which the Developmental Fisheries Species are to
fisheries permit is a permit which
which is
is neither at issue in a
other information
information as
as the
the Department
Department may
be taken, and other
pending Permit
Pennit Review Board proceedings nor before a
require;
court of
oflaw;
court
law;
(c) Ifa
If a permittee,
permittee, who
who holds
holds aa permit
permit at issue either
(b) Complete applications must be received
received postmarked
postmarked
or date-stamped by January
January 1I of
ofthe
the year
year of
of issue
issue for new
before the Permit
Pennit Review
Review Board
Board or
or a court of law, is
species
species added to the developmental fishery
fishery list in OAR 635-
permit for
for the
the same
san,e species
species gear
gearcategory
category
awarded another permit
of
thereafter by
by the annual filing date of
006-0850, and thereafter
Permit
through the lottery and thereafter prevails before the Permit
February 1
I of the
box
the year
year of
of issue,
issue, except
except applications
applications for box
Review
Review Board
Board or
or in
in cour(
court, the
the pennittee
pennittee shall immediately
crab permits
permits must
must be
be postmarked
postmarked or
or date-stamped
date-stamped by
surrender one of
of the permits to any Department
Department office,
office, so
so
January
of the year
year of
of issue;
issue;
January 11 of
that only
only one valid permit
permit per
per species
species gear
gear category
category isis held.
held
(3) Issuance of permits:
pennits:
(c)
(c) An application shalt
shall be considered complete if
if it is
(a) If the number of applications received by the filing
information requested
requested on the form, and is
legible, has all information
of pennits
available, all
all
the number of
date is less than the
permits avallable,
1 - Div.
Div. 006
applicants who have
have submitted complete applications shall
supplied by
Evidence of landings must be supplied
by the
the applicant
applicant and
14 days
days of
of the ffling
filing date.
be issued a permit within 14
submitted with the application.
(A)
shall be issued on a first(A) Any
Any remaining permits shall
(A)
(A) If the
the number of these applicants does not exceed
come, first-served basis, within
within 14
14 days
days of
ofreceipt
receipt of
ofeach
each
come,
they shall
shall be
the number of permits, they
be given
given all
all available
available
completed
completed application,
application,until
until the
the maximum
madmmn number of
permits and any
any remaining applicants
applicants shall
shall be
be placed
placed in
in aa
shall be
be based
based on
on postmark
p0.stmark or
or
permits is issued. Priority shall
lottery;
date-stamped date;
date;
date-stamped
(B)
(B) If
If the number of applicants who have preference
(B) The names of applicants who
who did
did not
not receive
receive a
(B)
exceeds the number of permits,
points exceeds
permits, then
then these
these applicants
list, in
in the
the order
order
permit shall be placed on an alternates list,
only shall be
be placed in a lottery,
lottery, and grouped
grouped by
by the
the number
number
they are received,
received, until
until the neA"!
next annual filing date.
preference points they have accrued
accrued for
for each species gear
of preference
Applicants whose
whose names
names are placed on the alternates list
category.
number of
of preference
preference
category. Applicants with the highest number
shall be refunded
permit fee minus aa $10
$10 application
application
reflmded their permit
gear category
category will be drawn first.
points for each species gear
Tee. Permits which
which become available before the end of the
tee.
the highest
highest number of
Applicants having the
of preference points
year shall be made available to the alternates list, in the
per species gear category will
will be
be drawn
drawn next.
next. This
This permit
applicant shall
shall be
be notified
notified of
ofan
an available
available
order listed. The applicant
issuance process
process will
will continue
continue through
through descending numbers
permit
and shall
shall resubmit
resubmit aa complete
complete application and
pennit and
of preference
preference points
points until all the available permits have
permit fee
fee within 30 days of
of the date the notification is
been issued, unless all qualified applicants with preference
mailed.
mailed. The permit shall be issued within 14 days of receipt
receipt
Permits
points have been issued permits prior to that point. Permits
of the
the resubmitted
resubmitted application
application and fee.
fee, If
If an
an alternate
alternate fails
fails
shall be issued within 14
14 days of the lottery;
apply, he shall forfeit
to apply,
forfeit the permit and the permit shall
remaining applicants
applicants (who
(who do
do not
not have
have
(C) In addition, remaining
available to
to the next name on the alternates
then be made available
preference points) shall be placed in a lottery and their
preference
list.
shall be drawn;
names shall
CD)
(D) The Department then shall prepare an alternates
(b)
(b) If
If the
the number of applications received by
by the
the f11ing
filing
the number
number of
of permits
permits available,
available, the
date is greater than the
list,
list, in which applicants who have preference points are
how many applications
Department shall determine first how
listed
listed first
first (in the order drawn),
drawn), and thereafter remaining
lere are with preference points as accrued
accrued under
under OAR
OAR
iere
applicants are listed, in the order in
in which
which they
they were
were
635-006-0915, except for
for new species that have
drawn.
whose names are placed on the
drawn. All applicants whose
qualification restrictions set forth in OAR 635-006-0850.
635-006-0850.
alternates list shall be refunded their permit fee
fee minus a
$10 application fee. Any permits available before
before the
the end of
fl
n;,
nfl'
(a) Permits may be renewed by submission, to the
the year shall be made available
available to the first name on the
alternates list. The
The applicant
applicant shall
shall be
be notified
notified of
of an
an
of the appropriate fee and aa complete
complete
Department, of
available permit and
and shall
shall resubmit
resubmit aa complete application
application date-stamped or postmarked before January 1I of
permitfee
fee within
within30
30days
days of
ofthe
the date
date the
the notification
notification isis
and pennit
the year for
for which
which renewal
renewal isis sought,
sought,except
except renewal
renewal
mailed. The permit
pennit shall
shall be
be issued
issued within
within 14
14 days
days of
of receipt
applications
applications for
for box
box crab
crab permits must
must be
be postmarked
of the resubmitted application and fee.
fee. If
fails
If an alternate fails
date-stamped before
before December 1 of the
or date-stamped
the vear
year prior to
30 days, he shall
to apply for the lottery permit within 30
renewal is
is sought;.
sought;
which renewal
forfeit
forfeit such pennit
permit and the permit shall then be made
(b)
(b) An
An application for
for renewal
renewal shall be considered
next name
name on
on die
the alternates
alternates list.
list.
available to the next
complete
requested
complete if it is legible
legible and has all information requested
may be
be made
made available
available before the
the end
end of
of the
(c) Permits may
year by
perinit.
by aa permittee voluntarily turning in a permit.
on the form and is accompanied by the required fee in MI.
full.
complete shall
shall be
be returned,
returned,
Any application which is not complete
whom permits are issued: Permits shall
(4) Persons to svhom
unless it is
is thereafter
thereafter resubmitted
resubmitted and
and deemed
deemed complete
complete
and unless
be issued to either a vessel or an individual person when
before
listed in
in (6)(a)
(6)(a) above,
above, the
the
before [January
[January11the
lithe deadline listed
hand harvest methods are used.
used. The pennit
holder is
is the
the
pennit holder
individual shall not be
be considered
considered to
to have
have applied
applied for
for
owner or controller of
of the vessel or the individual person
renewal in a timely marmeT;
maimer;
when hand harvest methods
methods are
are used.
used.
(c)
(c) It is the responsibility of the permit holder to ensure
of permits: Permits for Developmental
(5) Transfer of
an application is complete and is filed in a timely
timely manner.
manner.
not transferable
transferable to another
another person or
or
Fisheries Species are not
application for
Failure of the Department to return an application
entity; provided however that permits may be transferred to
incompleteness or of an individual to receive a returned
returned
by the permit holder up
another vessel owned or controlled by
application shall not be grounds for treating the application
to two
two times annually.
as having been filed in a timely and complete manner;
manner;
complete filing to renew
renew a
(d) In addition to timely and complete
(a) To transfer a permit, a permittee shall first apply on
a form
forth provided by
by the Department and shall include a $25
permit,
permit, a permittee must annually lawfully
lawfully land the
transfer fee;
required pounds and/or landings
landings listed
listed in
in OAR
OAR 63
635-0065-006-
(b) No transfer shall be considered effective
effective until
until the
0850.
th~
0850. However,
However, if
if aa permittee
perrnittee obtained
obtained aa permit later than
permittee has received approval from
from the
the Department
Department and
and
July
July I1 of
of the
the prior
prior year,
year, the
the permittee
pennittee shall not be required
an updated permit.
to
following
to make
make the
the annual landing requirement by the following
(6)
(6) Renewal of permits:
ne",t renewal thereafter, the
January. Instead, at the next
3 -• Div. 006
pennittee shall be
perinittee
be required
required to demonstrate
demonstrate the
the annual
annual
landing requirement was fulfilled
fulfilled during the first full
full year
year
in which
which the
the pennit was held.
(e)
(e) Landings made by one vessel can not be used
used for
for
qualification to
to renew
renew more
more than one permit
pennit per permit
pennit
qualification
category in any given year.
(?) Authority of Director: Consistent
Consistent with
with OAR 635(7)
006-0810
006-0810 through
through 635-006-0950, the Director is authorized
Pennits under the
to issue
issue Developmental
Developmental Fisheries Permits
authority of ORS
ORS 506.460.
Auth.: ORS
Stat. Auth.:
ORS 506.109 and 506.119
hnp1emented: ORS
Stats. Jmplemented:
ORS 506.129, 506.450,
506.450, 506.460
506.460 and
506.465
Hist.:
nfl. nnr
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