OREGON
FÔREGON1
!'~
Oregon Fish and
and Wildlife
Wildlife Commission
Commission
December, 14,
14,2001
2001
I
EXhIBIT
I
Fish & Wildlife1
Wildlife
[Fish
SUBJECT
Developmental Fishery
Fishery Program
Program
PRINCIPAL
STAFF PERSON
Jim Golden
Golden and
and Jean McCrae
McCrae
Jim
COMMISSION
ACTION
REQUESTED
The Commission will
will consider
consider regulation
regulation changes
changes as
as recommended by the
Developmental Fisheries Board.
DOCUMENTS
ATTACHED
1.
2.
3.
4.
5.
6.
6,
RELATED
STATUTES
ORS
through 506.465
ORS 506.109,
506.109, 506.119,
506.119, 506.129,
506.129,and
and506.450
506.4sothrough5o6.465
RELATED
RULES
OAR Chapter 635, Divisions 005
005 and 006
Phone:
(541) 867-4741
867-4741
Phone: (541)
Agenda Item Summary
Hearing Notice and
and Fiscal Impact Statement
Rearing
and 2)
Staff Report
Report (Issue
(Issue 1I and
Administrative Rules
Draft Administrative
Staff Report
Report (Issue 3)
Public Comments
Read and
Approved by:
Division Director
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
Date
REDACTED FOR PRIVACY
Attorney General
Director
Date
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
Date
Agenda Item Summary
BACKGROUND
creates aaDevelopmental
Developmental Fisheries Board, appointed
appointed by
by
ORS 506.450-.465
506.450-465 creates
Commission
the Commission, which makes recommendations to the Commission
regarding
regarding changes
changes to
to the
the Developmental
DevelopmentalFisheries
FisheriesProgram.
Program. For this
hearing, the Developmental Fisheries
hearing,
Fisheries Board
Board recommends
recommends changes
changes to the
clams and
harvest program for bay clams
and to
to the permit transfer provisions.
PUBLIC
INVOLVEMENT
•
ISSUE 1
Allow harvest of gaper clams during January through June
ANALYSIS
Currently,
of gaper clams
clams is allowed from
from July
July 1I
Currently, commercial harvest of
through December 31.
3 1. Commercial
Commercialharvesters
harvestersrequested
requested consideration
consideration of
of
an
an incidental
incidental harvest
harvest allowance
allowance for
for gaper
gaper clams
clams during
during the
the closed season
because gaper clams
clams are
are dislodged
dislodged in
in the
the process
process of harvesting butter
clams
clams and
and do
do not
not survive,
survive, therefore,
therefore, itit isis aa waste
waste to not harvest them.
OPTIONS
1. Allow year round harvesting of
I.
of gaper
gaper clams.
clams.
2. Allow incidental
incidental catch
catch while
while harvesting butter clams.
3.
Makeno
no change.
change.
3. Make
The Developmental Fisheries
Fisheries Board
Board held
held meetings
meetings on
on October
October 2 and
November 6,
I. The
The issues
issues outlined in the
6, 200
2001.
the staff report
report were
discussed at
discussed
at these
these meetings.
meetings. These meetings were "public meetings"
Oregon Meetings
Meetings Law.
Law.
and subject to the Oregon
STAFF
Option 2.
RECOMMENDATION
ISSUE 2
Allow transfer of permit rnthe event of death of permit bolder
ANALYSIS
Currently, developmental
Currently,
developmental fishery
fisherypermits
permitsare
arenot
nottransferable
transferableto
to another
person;
person; except,
except, they
they may
may be
be transferred
transferredto
to another
another vessel
vessel owned
owned or
controlled
Board
controlled by
by the
the pennit
permit holder
holderup
upto
to two
two times
times annually.
annually. The Board
allowing this
protect family
family businesses in the event
event
recommends allowing
this transfer to protect
of
of the death of
ofa
a permit
permit holder.
holder.
OPTIONS
1. Allow
in the
the event
event of death
death ofpennit
of permit holder.
holder.
I.
Allow transfer of permit in
2. Make
Makeno
nochange.
change.
2.
STAFF
Option 1.
I.
RECOMMENDATION
ISSUE 3
Information update on nearshore fisheries management plan
ANALYSIS
The Developmental Fisheries
Fisheries Board
Board did
did not
not have
have aa quorum
quorum at the time the
fisheries management
nearshore fisheries
management plan
planwas
wasreviewed.
reviewed. Additional options
need to be explored based on public
Fisheries
public input.
input. A Developmental Fisheries
Board meeting will
will be
be arranged
arranged to
to discuss
discuss options
options for creating a nearshore
Developmental Fisheries species
species list and plan.
plan.
OPTIONS
No action at
at this
this time.
DRAFT MOTION
I move to amend OAR 635-006-0810, 635-006-0850, and 635-006-0910, as
proposed by staff; to allow an incidenial harvest of gaper clams under a
Developmental Fisheries Permit during January through June, and to allow the
transfer of a developmental fisheries permit to a family member in the event of
the death of a permit holder
EFFECTWE DATE
Upon filing
Attachment 22
Secretary of State
HEARING*
NOTICE OF PROPOSED RULEMAKING KEARING*
ofNeed
Fiscal Impact
Impact accompanies
accompanies this
this form.
form.
A Statement of
Need and Fiscal
Oregon Department of
ofFish
(ODFW) - Fish Division
Fish and Wildlife (ODFW)
635
Agency and Division
Administrative Rules Chapter Number
Mike Lueck
(503) 872-5272, Ext. 5447
Rules Coordinator
Telephone
2501
Box 59;lPortland,
59; Portland, OR
97207
2501 SW
SW First
First Avenue;
Avenue; P.
P. O.
0. Box
OR 97207
Address
8:00 a.m.
am.
Portland, OR
Portland.
Fish and Wildlife
Commission
Hearing Date
Time
Location
Hearings Officer
HearingDate
Hearing
Date
Time
Location
Hearings Officer
Hearing Date
Time
Location
Hearings Officer
12/14/01
Yes
Are auxiliary aids for persons 'With
disabilitiesavailable
availableupon
uponadvance
advance request?
request?
ith disabilities
X
No
No.
RULEMAKINGACTION
RULEMAKBG
ACTION
ADOPT:
Secure
Administrative Rulea
Rules Unit
Unit prier
priorto
to filing.
filing.
Secure approval
approval of
of rule
rule numbers with the Administrative
AMEND:
635-006-0800 through
through63
635-006-0950
OAR 635-006-0800
5-006-0950
REPEAL:
Renumber:
Secureapproval
approvalofofrule
rulenumbers
numberswith
withthe
theAdministrative
Administrative Rules
Rules Unit prior to
Renumber: Secure
to filing.
filing.
Amend and
and Renmiaber:
Renumber: Secure
Secureapproval
approvalofofrule
rulenumbers
numberswith
withthe
theAdministrative
Administrative Rules
Rules Unit
Unit prior to filillg.
filing.
Stat.
ORS 506.109 and 506.119
Stat. Auth.:
Auth.: OHS
Other Authority
Implemented: OIlS
ORS 506.129,
506.129,506.450,
506.450,506.455,
506.453,506.460,
506.460,and
and506.465
506.463
Stats. Implemented:
SUMMARY
RULE SUMMARY
Amend rules
nearshore marine
marine fin-fish
fin-fish species
species to the Developmental
Developmental Fisheries
Amend
rules to
to add nearshore
Fisheries list
list in Category A and
establish a permit system; and
and establish
establish an
an incidental
incidental catch
catch allowance
allowance for
for gaper
gaper clams
clams during
during the
theclosed
closedseason.
season.
14, 2001
2001
December 14,
.'.ast
.ast Day for
for Public
Public Comment
Connnent
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
/
Authorized Signer and
and]nllte
Sharon Bird
J
"'TheOregon
OregonBulletin
Bulletinisispublished
publishedononthe
the1st
1stofofeach
eachmonth
monthand
andupdates
updatesthe
therule
ruletext
textfound
foundininthe
theOregon
OregonAdministrative
Administrative Rules
Rules Compilation.
Compilation. Notice
Noticeforms
fonus must be submitted to
*fle
the Administrative Rules
Rules Unit,
Unit, Oregon State Archives, 800 Summer Street NE,
NE, Salem,
Salem, Oregon
Oregon 97310
97310 by
by 5:00
5:00 pm
pm on
on the
the 13th
15th day
day of the
the preceding month unless
unless this deadline falls
on a Saturday,
Saturday, Sunday or
or legal holiday
holidaywhen
whenNotice
Noticeforms
fonus are
areaccepted
accepteduntil
until 5:00
5:00pm
pmon
onthe
thepreceding
precedingworkday.
workday.
ARC 920·1997
ARC
920- 1997
Secretary
Secretary of
of State
STATEMENT OF NEED AND
AND FISCAL
FISCAL IMPACT
A Notice of
of Proposed
Proposed Rulemaking
Rulemaking Hearing or a Notice of Proposed Rulemaking
Rulemaking accompanies
accompanies this
this fann.
form.
Oregon Department of
ofFish
and Wildlife
Wildlife -- Fish
Fish Division
Fish and
635
Agency
Agency and
and Division
Administrative Rules Chapter Number
In
In the
the Matter
Matter of
of amendment of
OAR Chapter 635, Division 006
Relating to Developmental Fisheries
Program
)
))
))
)
))
Statutory Authority,
Statutes Implemented,
ofNeed,
Statement of
Need,
Principal Documents Relied Upon,
Statement of Fiscal Impact
ORS 506.109
506.109 and
and 506.119
506.119
Statutory Authority:
Statutory
Authority: ORS
Other Authority:
ORS 506.129,
506.129, 506.450,
506.450, 506.455,
506.455, 506.460
506.460 and
and 506.465
Statutes Implemented:
Implemented: ORS
for the Rule(s):
Need for
The
add several
several near-shore
near-shore marine fin-fish species to the Developmental Fisheries
Fisheries
The rules
rules are needed to add
list
Category A
A and
and establish
establish aapermit
permit system
system for
for them.
them. Rules
are also
also needed
needed to establish
establish an
list in Category
Rules are
allowance for
for gaper
gaper clams
clams during
during the closed
closed season.
season.
incidental catch allowance
Documents Relied Upon:
14, 2001.
Staff report
repoi-tfor
for Oregon
Oregon Fish
Fish and
and Wildlife
Wildlife Commission
CommissionMeeting
Meeting ofnecember
ofDècember 14,
are available
available for
for public
public inspection
inspection in the Department of
The above documents are
of Fish and
and Wildlife,
Wildlife, Fish
Fish
SW First
First Avenue,
Avenue, Portland,.Oregon,
Portland, Oregon, between 8:00 a.m.
a.m. and 4:30 p.m.,
p.m., on
on
Division, Third Floor, 2501
2501 SW
Division,
days, Monday
Monday through
through Friday.
Friday.
normal working days,
Fiscal and Economic Impact:
Please see attached.
Administrative
Advisory Committee
Committee consulted?:
consulted?:
The
Developmental Fishery
and
Administrative Rule
Rule Advisory
The Developmental
Fishery Board
Board met
met and
considered
considered requests
requests to
to add species
species to the
the developmental
developmental fisheries
fisheries list
list and
and to change
change the
the harvest
harvest
programs for
for developmental
developmental fisheries
fisheries species.
species.
Ifnot,
If not, why?:
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
Sharon
Sharon Bird
Bird
Administrative
of State, 800 Summer
Summer Street
97310.
Adrnithstrative Rules
Rules Unit,
Unit, Archives Division, Secretary of
Street NE,
NE, Salem,
Salem, OregQIl
Oregqn 97310.
ARC 925 - 1997
Economic Impact Statement for the December
December 14,
14, 2001
2001 Hearing
Hearing in
inthe
theMatter
Matter of
of the
the
Amendment of
of Rules Relating
Relating to
to the Developmental Fisheries
Fisheries Program
Program
Fiscal
The proposed
proposed rules
rules will
will affect state agencies,
agencies, units of
oflocal
Fiscal and
and economic impact:
impact: The
local
government and the public, respectively,
respectively, as
govermnent
as discussed
discussed below.
below. The amendment is needed to
near-shore marine
marine fin-fish
fin-fish species
add several near-shore
species to
to category A of the developmental fisheries
list,
system for
are also needed to establish
establish
list, and to establish a permit system
for their
their harvest.
harvest. Rules are
allowance for gaper
gaper clams
clams during
during the
the closed
closed season.
season.
an incidental catch allowance
a.
Theonl,
onlystate
stateagency
agencywhich
whichshould
shouldbe
be affected
affected by
by adoption
adoption of
of these rules is the
a. The
Oregon Department of
ofFish
Wildlife. No significant
significant changes
Fish and Wildlife.
changes from
from the
the current
current
legislatively approved
legislatively
approved levels
levels of
of the
the department's
departments operations or expenditures are expected
ofthe
the amendment
amendment of
ofthe
the rules
rules recommended
recommended by
by the staff.
staff.
as a result of
b.
Nounits
unitsof
oflocal
govermnent are
are expected
expected to be
be affected
affected by these rules.
rules. No
No significant
significant
b. No
local government
current levels
levels of
of any local agencies'
are
changes from the current
agencies' operations or expenditures are
expected as a result of
ofthe
the adoption
adoption of
of these
these rules.
c. The
Thepublic
public could
could be
be affected
affected by
by the adoption of
of these rules:
The existing
existing statute
statute and
and
c.
rules: The
rules require adoption
adoption of
ofaa list
list of
ofdevelopmental
developmental fisheries
fisheries species,
species, and
and the
the establishment or
maintenance of
oflimited
associated developmental
developmental fisheries.
fisheries.
limited entry harvest systems for the associated
For this hearing, one of
ofthe
the things
things that ODFW staff proposes is to allow a limited
limited
of gaper clams
clams during
during the
incidental take of
the period
period of the
the year
year when
when directed
directed harvest
harvest is
is not
allowed.
complex set
set of
ofchanges
changes involves
involves the addition of
of certain species of
of near-shore
A more complex
near-shore
developmental species
marine fin-fish
fin-fish to
to the developmental
species list
list along
along with
with the
the establishment
establishmentof
of aa permit
permit
participate in
in the harvest of
of these species.
species. rules are
are needed
needed to
to
system for vessels to participate
establish a control date for
for aa possible
possible future limited entry system for the existing open
access groundfish
groundfish fisheries.
fisheries.
Adoption of
of rules pertaining
pertaining to limited
limited entry programs for commercial fisheries
fisheries could have
an economic impact on
on those
those individuals
individuals who may wish to participate
participate in
in the
the fisheries.
fisheries.
associated with
with limited
limited entry systems that pertain to eligibility
eligibility requirements,
Provisions associated
requirements,
dates for
for eligibility,
eligibility, or otherwise restrict flexibility
flexibility with
impose control dates
with regard
regard to entry into
a fishery
fishery may
may reduce
reduce fishing
fishing revenues
revenues or
or future
future permit
permit value
value for
for potential
potential entrants
entrants who
may
may not
not qualify
quali' ififthe
theprovisions
provisions are
are adopted.
adopted.
About 250 vessels
vessels are
are participating
participating in the near shore open
open access
access groundfish
groundfish fishery
fishery
annually. ItItisis not
annually.
notpossible
possiblewith
withavailable
available information
information and understanding of
of possible
. behavi&ãUréspbñsès
behiiviofiilfesponses foesfiiiiiiteexiii::tlyhow
the otherwise
otherwise potentiiilly
potentially eligible
eligible vessels
vessels who
t estimate exactly hOw the
may
date deadline
deadline or other eligibility
eligibility criteria
may not meet a control date
criteriawill
willbe
beaffected.
affected. The
establishment
establishment of
of a control date
date will
will be considered by the Commission
Commission at
at the
the November 16,
16,
200 I hearing.
hearing, The
Theeconomic
economiceffects
effects on
oneach
each individual
individual operation
operation will also depend on the
the
2001
vessel's current
current levels
levels of
of cost
cost and
and revenue,
revenue, the access rights
vessels
rights and
and opportunity
opportunity to
to participate
other fisheries,
fisheries, and
and other
otherconditions
conditions specific
specific to
to individual
individual circumstances.
circumstances.
in other
fisheries rules
positive economic
economic
Overall, the developmental fisheries
rules are
are expected to produce positive
small business
effects for the public and small
businessboth
bothininthe
theshort
shortrun
run and
andin
inthe
thelong
longrun.
run. Rules
relating to limited entry can be viewed as imposing
of permit
imposing additional
additional costs (in the
the form of
fees)
short run, and potentially excluding
fees) on harvesters in the short
excluding some
some harvesters
harvesters who
who might
might
not qualifj
qualify for
for or
or apply
apply for
for limited
limited entry
entry permits
permits soon
soon enough.
enough. However, in the long run,
implementation of the rules are expected to yield positive economic effects by controlling
development of
offisheries,
fisheries, so the fisheries
fisheries are
the development
are sustainable
sustainableininthe
thelong
longrun.
run. This is
intended to
to help
help prevent
preventthe
thetypical
typicalcycle
cycle in
in fisheries
fisheries of
of boom
boom (as
(as aa virgin
virgin fish
fish stock
stock isis
fished
maximum sustainable yield
fished down to maximum
yield levels)
levels) and
andbust
bust (when
(whenthe
the stock
stock becomes
becomes
incapable of
ofsustaining
sustaining yields
yields at
at the
the initial
initial exploitation
exploitation level).
level).
The rules are
are believed
believed to be
be thlly
fully compatible with legislative
legislative direction
direction on
on the
the goals
goals offish
of fish
and wildlife management in Oregon.
Most businesses
businessesaffected
affected by
by these
theserules
rules are
are believed
believed to
to be
be"small
"small business,"
business."
Most
SecretJny
ofState
Secretary of
State
NOTICE OF PROPOSED RULEMAKING HEARING*
HEARING"
A
this form.
form.
A Statement ofNeed
of Need and
and Fiscal Impact accompanies this
Oregon Department of
ofFish
Fish and
and Wildlife
Wildlife (ODFW)
(ODFW) - Fish Division
635
Agency and
and Division
Division
Administrative
Administrative Rules
Rules Chapter
Chapter Number
Mike Lueck
(503) 872-5272, Ext. 5447
Rules
Rules Coordinator
Coordinator
Telephone
2501
Box 59;
59; Portland,
2501 SW
SW First
First Avenue;
Avenue; P.
P. O.
0. Box
Portland, OR
OR 97207
Address
8:00
8:00 a.m.
am.
Portland, OR
Fish and Wildlife
Commission
Hearing Date
Time
Location
Hearings
Hearings Officer
Hearing Date
Time
Location
Ofrice~
Hearings Officer
Hearing Date
Time
Location
Hearings Officer
12/14/01
auxiliary aids
aids for
for persons
persons sith
withdisabilities
disabilities·available
availableupon
uponadvance
advance request?
request?
Are auxiliary
Yes
X
No
RULEMAKING ACTION
ADOPT:
with the
the Administrative
AdministrativeRules
Rules Unit
Unit prior
prior to
to filing.
filing.
Secure approval of rule numbers with
AMEND: OAR
OAR635-006-0800
635·006·0800through
through635-006-0950
635-006..Q950
REPEAL:
Renumber:
Secureapproval
approvalofofrule
rolenumbers
numberswith
withthe
theAdministrative
Administrative Rules
Rules Unit prior to
Renumber: Secure
to filing.
filing.
and Renumber:
Renumber:Secure
Secure
approval
rule
numberswith
withthe
theAdministrative
AdministrativeRules
RulesUnit
Unitprior
priorto
to filing.
filing.
Amend and
approval
of of
rule
numbers
Stat.
Stat. Auth.;
Auth.: ORS
ORS 506.109
506.109and506.119
and 506.119
Other Authority
Stat....
ORS 506.129,
506.129, 506.450,
506.450,506.455,
506.455, 506.460,
506.460, and
and 506.465
Slats. Implemented:
Implemented: ORS
RULE SUMMARY
Amend rules to allow transfer of
ofdevelopmental
developmental fisheries permits in case of
of the death
death of
ofaa permit
permit holder.
holder.
14, 2001
December 14,
Last Day
Day for Public Comment
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
/a/3//
/
Authorized Signer and Date
Sharon M. Bird
*The Oregon Bulletin
"'TI\e
Bulletin is
lst of each month
month and
submitted to
is published
published on the 1st
and updates
updates the
the rule
ruletext
textfound
foundininthe
theOregon
OregonAdministrative
AdministrativeRules
RulesCompilation.
Compilation. Notice
Noticeforms
forms must
must be submitted
the
this deadline
deadline falls
falls
the Administrative
Administrative Rules
Rules Unit,
Unit, Oregon
Oregon Slate
State Archives,
Archives, 800
800 Summer
SummerSlreet
StreetNE,
NE,Salem,
Salem,Oregon
Oregon97310
97310by
by5:00
5:00pm
pmon
onthe
the 15th
15th day
day of
ofthe
thepreceding
preceding month
month unless thi3
on
pm on
ARC 920 .• 1997
1997
on aa Saturday,
Saturday, Sunday
Sunday or
or legal
legal holiday
holiday when NotiCe:
Notice forms
forms are
are accepted
accepteduntil
until5:00
5:00pm
on the
the preceding
preceding workday.
workday.
.
Secretary of
of State
Secretary
State
STATEMENT OF NEED AND
AND FISCAL
FISCAL IMPACT
A
of Proposed
Proposed Rulemaking
Rulemaking Hearing
Hearing or
or aa Notice
Notice of
ofProposed
Proposed Rulemaking
Rulemaking accompaoies
accompanies this
thisform.
fann.
A Notice of
Oregon Department of
of Fish and
and Wildlife
Wildlife - Fish Division
635
Agency and Division
Chapter Number
Number
Administrative Rules Chapter
In the Matter of amendment of
OAR Chapter 635, Division 006
006
relating to
Developmental Fisheries
to Developmental
Program
))
))
))
))
))
Statutory Authority,
Statutes Implemented,
of Need,
Statement of
Principal Documents Relied Upon,
Fiscal Impact
Statement of Fiscal
Statutory
ORS 506.109
506.109 and
and 506.119
506.119
Statutory Authority:
Authority: ORS
Other Authority:
ORS506.
506.129,
506.450, 506.455, 506.460, and 506.465
Statutes Implemented: ORS
129, 506.450,
for the Rule(s):
Rule(s):
Need for
The rules
of a developmental fisheries
rules are
are needed
needed to
to allow
allow aa transfer
transfer of
fisheries permit
permit in
in the
the case of the death of
a permit holder.
Documents Relied Upon:
Staff report for Oregon Fish and
and Wildlife Commission Meeting of
of December 14, 2001
The above
available for public inspection
above documents are available
inspection in
in the Department
Department of Fish and Wildlife, Fish
2501 SW
SWFirst
Avenue, Portland,
on
Division, Third Floor, 2501
First Avenue,.
Portland, Oregon,
Oregon, between 8:00 a.m.
a.m. and 4:30 p.m., on
days, Monday
Monday through Friday.
normal working days,
Fiscal and Economic Impact:
Please see attached.
and
Administrative Rule
Advisory Committee
Committee consulted?:
consulted?:
The
Developmental Fishery
Administrative
Rule Advisory
The Developmental
Fishery Board
Board met and
considered a request to allow
allow a transfer
of a developmental
developmental fisheries
considered
transfer of
fisheries permit
permit in
in the
the case
case of
of the
the death
death of
of
a permit holder.
holder.
If
If not, why?:
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
/04/4/
Authorized Signer and Date
Sharon
Sharon M.
M. Bird
Administrative
of State, 800 Sununer
Administrative Rules
Rules Unit,
Unit, Archives Division, Secretary of
Summer Street
Street NE,
NE, Salem.,
Salem, Oregon
Oregon 97310.
1997
ARC 925 - 1997
Impact Statement
Statement for
for the December 14,
14, 2001 Rearing
Hearing in the Matter
Matter of
ofthe
the
Economic Impact
of Rules Relating to the Developmental Fisheries Program
Amendment of
Program
impact: The
The proposed
proposed rules
rules will
will affect state agencies,
agencies, units of
oflocal
Fiscal and economic impact:
local
government and the
respectively, as
as discussed
discussedbelow.
below. The amendment
is needed to
the public,
public, respectively,
amendment is
allow
of developmental
developmental fisheries
fisheries permits
of a permit holder.
holder.
allow transfer of
permits in
in case
case of the death of
Theonly
onlystate
stateagency
agencywhich
which should
should be
be affected
affected by adoption of
of these rules is the
a. The
Department of
ofFish
and Wildlife.
Wildlife. No
No significant
significant changes from the current
current
Oregon Department
Fish and
legislatively
legislatively approved levels
levels of
of the
the department's
department's operations
operations or expenditures
expenditures are expected
ofthe
the amendment
amendment of
of the rules recommended by the staff
staff.
as a result of
b.
No units
unitsof
oflocal
government are
are expected to be affected by
significant
b. No
local government
by these
these rules.
rules. No significant
changes from the current
current levels
levels of any
any local
local agencies'
agencies' operations
operations or expenditures are
expected as aa result
result of
ofthe
the adoption
adoption of
ofthese
these rules.
rules.
c.
The public
public could
could be
be affected
affected by the
The existing statute and
c. The
the adoption
adoption of these
these rules:
rules: The
adoption of
ofaa list
list of
ofdevelopmental
developmental fisheries
fisheries species,
rules require adoption
species, and
and the
the establishment or
maintenance of
oflimited
limited entry harvest systems for the associated developmental
developmental fisheries.
fisheries.
ofaa
This amendment is being considered
considered in
in response
response to
to a public
public concern
concern about the transfer of
fisheries permit in the case of the death of
of aa permit
permit holder.
holder.
developmental fisheries
Adoption of
fisheries could
could have
have
ofrules
rules pertaining
pertaining to limited
limited entry programs for commercial
commercial fisheries
on those
those individuals
individuals who currently participate or
or may
may ivish
wish to
to
an economic impact on
participate in the fisheries
fisheries in
Provisions associated
associated with
with limited
limited entry
entry systems
systems
in the future.
future. Provisions
that pertain to
requirements, control
control dates
dates for eligibility,
eligibility,permit
permittransfers,
transfers, or
or that
to eligibility
eligibility requirements,
otherwise affect flexibility
flexibility with
with regard
regard to
to participation in a developmental fishery may
reduce fishing revenues or future permit value
value for
for current and potential permit holders.
This
addresses the
This particular amendment addresses
the issue
issue of permit
permit transferability
transferabilityininthe
thecase
case of
of the
the
death
holder. IfIfpermit
permit transfer
transfer is not allowed
allowed in this situation,
death of a permit holder.
situation, members
members of
of the
family or
or business
business associates would be adversely affected by an inability to
decedent's family
continue participation in the fishery.
fishery. This would not only have
have an
an adverse
adverse effect
effect on these
parties, but also
also would have
have a negative
negative impact
impact on
on other
other businesses
businesses who
who are
are supply
supply or
or
receive product
product from
from the
the fishing
fishing operation.
operation.
Overall, the developmental fisheries
fisheries rules
Overall,
rules are
are expected
expected to
to produce positive economic
effects
and small
effects for
for the public and
small business
businessboth
bothininthe
theshort
shortrun
runand
andininthe
thelong
longrun.
run. Rules
relating
relating to limited entry can be viewed
viewed as
as imposing
imposing additional
additional costs
costs (in
(in the
theform
form of
of permit
permit
fees
on harvesters in the short run, and
and potentially excluding some
fees and
and restrictions) on
harvesters who might not qualif'
qualitY for
for or
or apply
apply for limited entry permits
permits soon enough.
in the
the long
long run,
run, implementation
implementation of
of the rules are expected to yield
yield positive
However, in
economic effects by controlling the development of
of fisheries,
fisheries, so the fisheries are
sustainable
This is intended
sustainable in
in the
the long
long run.
run. This
intended to
to help
help prevent
prevent the typical
typical cycle
cyclein
infisheries
fisheriesof
of
boom (as aa virgin
virgin fish
fish stock
stock is
is fished
fished down to maximum
maximum sustainable yield levels)
levels) and bust
stockbecomes
becomesincapable
incapable of
ofsustaining
sustaining yields
yields at the
the initial
initial exploitation level).
level).
(when the stock
The rules are
are believed
believed to
to be
be fully
fully compatible with legislative direction on the goals of
offish
fish
and wildlife management in Oregon.
businesses affected
affected by
by these
these rules
rules are
are believed
believed to
to be
be "small
"small business."
business."
Most businesses
Attachment 33
Developmental Fisheries Program
Staff Report
Prepared for Oregon Fish and Wildlife Commission
Portland, Oregon
December 14, 2001
Summary of Staff Report
ODFW staff
staff is submitting recommendations by the Developmental Fisheries
Fisheries Board
Board for the
Commission
regulation changes that would establish
establish an incidental
Conmiission to adopt regulation
incidental catch
catch allowance
allowance for
allow the
gaper clams during the closed season and to allow
the transfer
transfer of aa permit
permit in
in the
the event
event of
of the
the
death of
of the permit holder.
holder. The Developmental
Developmental Fisheries
FisheriesBoard
Board was
was not
not able
able to
to hold a quorum
th
entire day
day at
at its
its November 66th
meeting.
A proposed
proposed list
list of
of nearshore
nearshore species
species and criteria
criteria to
for the entire
meeting. A
establish a Developmental Fisheries
Fisheries Program
Program for
for nearshore
nearshore species
species were
were discussed
discussed but
but the
the Board
took no
no action
action at
at the
themeeting.
meeting.
took
conclusions from the staff report are:
are:
Key elements and conclusions
•
The Developmental
Developmental Fisheries
Fisheries Board
Board discussed
discussed leasing requirements for permit transfers,
ofaa permit
permit in the event of
of the death of the permit holder,
transfers of
holder, and
and steps to remove
species from the developmental
developmental species
allow an
species list.
list. The Board also considered
considered a request to allow
of gaper clams
clams during the close season or allow a year-round fishery and
incidental catch of
discussed possibilities of
of future clam
clam surveys.
surveys.
•
staff and
and Board
Board recommend
recommend establishing
establishing an
The ODFW staff
an incidental
incidental catch
catch allowance
allowance for
for gaper
gaper
clams during the closed season and to allow
allow the
the transfer
transfer of
of aa permit
permit in
inthe
the event
event of
of the
the death
death
ofthe
permit holder.
holder.
of the permit
•
Staff gave an
an informational
informational update
update on
on the
the management
management plan
plan for nearshore
nearshore fisheries
fisheries including
including aa
Staff
proposed list of
of species
species and
individuals for permit
and criteria
criteria that
that might
mightbe
beused
usedtotoqualifY
quali' individuals
application based on vessel landing
landing histories
histories and
and the
the July
July 1,1, :Z001
2001 control
control date
date adopted by the
OFWC on October 19,
19, 2001.
2001.
•
Staff
Staff recommends additional public
public meeting
meeting process,
process, consideration
consideration of
of aa wider
wider range
range of
options for
the program
program before
for creating
creating the
the program,
program, and
and more
more details
details describing
describing the
Commission. Staff
Staffrecommends
recommends reviewing
reviewing aa revised
revised
recommending action items before the Commission.
staff report at
at the
the next
next Developmental
Developmental Fisheries
Fisheries Board
Board meeting.
meeting.
1
Outline of Staff Report
Report (Section
(Section 1 - Clams
Clams and
and Permit
Permit Transfers)
I.
Introduction
II.
ll.
Staff Analysis ofIssues
of Issues and
and Options - Recommendations
Recommendations
.Page
Page 3
Page
Page33
Jssu&t
Allow Izanest of gaper clanis dunng January through June
Option
A
Option.A
Allow a year round harvest season for gaper clams,
clams,
OptionB
Option B
(preferred) The Board
Board and
and staff'
staff recommend
recommend the
the Commission
Commission adopt
adopt rules to
establish an
an incidental
incidental catch
catch allowance
allowance of
of 25
25 lbs
lbs of
of gaper
gaper clams
clams of per 100
establish
lb
June,
lb of butter clams during January through June.
Option C
statusquo,
quo, gaper
gaperclams
clams can
can not be
be harvested from January
No action: status
June,
through June.
Jssue2
Allow transfer ofperxnit in the event of deal!: ofperrn:t holder
Option A
(preferred) The Board and staff
staff recommend
recommend the
the Commission
Commission adopt
adopt rules
rules to
holder
allow the
the transfer of a permit
permit in
in the
the event
event of
of the
the death of the permit holder.
Option B
action: Transfer
Transfer not
not allowed.
allowed,
No action:
OregonAdministrative
Oregon AdministrativeRules
Rules ....................................................................................... Page
Page 8.
8
(Section 22 -- Nearshore Management Plan)
Plan)
Outline of Staff Report (Section
'
issue. See attached Report
No Action
I.
I;
only,
Information only.
Introduction
2
For public hearing on December 14,
14, staff
staffwil1
will forward
forward a recommendation
recommendation from
from the
the Developmental
Developmental
Fisheries Board to establish
establish an
an incidental
incidental catch al10wance
allowance for
for gaper
gaper clams
clams during
during the
the closed
closed
season for gaper clams.
clams.
StaffAnalysis
Analysisof
ofIssues
Issuesand
andOptions
Options--Recommendations
Recommendations
II. Staff
The following
fol1owing discusses staff recommendations.
The full
ful1 text of
of proposed rule
rule changes
changes is
is found
found in
in
recommendations. The
Attachment 4.
.tssuel
Allow harvest of gaper clanis during January through June.
Background
of gaper clams is currently
The
Commercial harvest of
currently allowed
allowed from
from July
July 11through
throughDecember
December 31.
31. The
closed season of
since the
the 1940s to protect the
of January
January through
through June
June has
has been in place since
the spawning
spawning
season and to provide
provide the
the greatest
greatest meat
meat yield
yield per
per clam.
clam.
Issue
Commercial harvesters requested
requested to
to the
the Commission
Commission allow
allow an
an incidental harvest of
of gaper
gaper clams
clams
during
Theirconcern
concern is
is they
they disturb
disturb and dislodge
dislodge gaper clams
during the closed season. Their
clams in
in the
the process
process of
butter clams
clams and
and since
since the gaper clams do not survive once they have been dislodged, it
harvesting butter
is a waste to not harvest
harvest them. Since
Sincethe
the initial
initial request, harvesters
harvesters are
are in
in the
the process
process of
gaper clams
clams and feel
developing potential markets for gaper
feel they
they need
need aa larger
larger quantity,
quantity, year round, to
going so
so requested
requested aa year round season for that reason also.
keep the markets going
Analysis
biomass were
were surveyed
surveyed in
in al1
allestuaries
estuariesininthe
the1970s.
1970s. Selected areas in
Clam densities and biomass
Tillamook,
Since then,
Tillamook, Yaquina and Coos bays
bays were
were updated
updated in
in the
the 1980s.
1980s. Since
then, selected areas were
surveyed in Tillamook Bay in
Study sites
sites in
in this last study were selected in areas where
where
in 1996.
1996. Study
surveys found the greatest
greatest concentrations
concentrations of
ofall
al1 species
species of
ofclams.
clams.
initial rapid assessment surveys
Overall
Overal1 Biomass Data
In the three
three subtidal
subtidal areas
areas surveyed
surveyed in
in Tillamook
Til1amook Bay in
in 1996,
1996, the
the total biomass and average
2
of gapers was estimated
estimated to
to be
be 558,681
558,6811b
and 3.8
3.8 gapers!
gapers/ m
This gives
gives an
density of
lb and
(Table 1).
1). This
m2 (Table
2
average of
of 4.1 pounds of
ofgapers
gapers !m2.
/m In the same
same three subtidal areas,
areas, the total biomass and
average density of
of butter
butter clams
clams was estimated to be 2,020,375 lb
lb and 37.8 butters!
butters/ m2
m2 for an
of 15
15 pounds of
ofbutter
butter clams
clams /m2.
/m2 • Therefore, for every 15 pounds of
of butters harvested,
average of
of 4.1 pounds
pounds of
of gapers
gapers could
could be disturbed in the process;
of
an average of
process; or for every 100 pounds of
27.3 pounds
pounds of
ofgapers.
gapers.
butters, 27.3
3
Individual sample data in the same survey show there are areas with high
high numbers
numbers of butter clams
There are
are also
also areas with gapers
and areas
areas
and
and no
no gaper clams
clams (Figure
(Figure 1).
1). There
gapers and
and no
no butter
butter clams
clamsand
species. In
Inall
all the
the samples
samples that
that contained
contained clams (63%), the average
average ratio
ratio
with a mix of the two species.
clams to butter clams
clams was
(by
(by weight)
weight) of gaper clams
was 0.268
0.268 (or
(or 26.81b
26.8 lb of
of gapers
gapers for
for every
every 100 lb
lb of
butters).
Gaperand
andbutter
butterclam
clamdensities
densities and
and biomass
biomass from 1996 surveys in
Table 1. Gaper
Till amoo k Bay.
B ay.
Tillamook
gaper clams
butter clams
subtidal area
surveyed
m'
average clam
density
m'
135,000
135,000
135,000
135,000
3.75
3.75
37.78
37.78
average
avenge
2
Ib/m
lb/rn2
total
biomass
Ibs
lbs
558,681
558,681
2,020,375
2,020,375
4.1
4.1
15.0
15.0
2000
2000..,....----------------------------------,
1500
()
area 1
o
area 2
C)
4-
0
0,
area 3
to
1000
E
to
to
500
oo
0
N
g
a
o0
a0
'"
C,,
weight (gm)
(gm)ofofbullet
butter clams
weight
clams
Figure 1.
1. Weight
Weight(gm)
(gm)of
ofgaper
gaperclams
clams per
per weight
weight of
ofbutter
butter clams
clams by
by sample.
sample.
Figure
Options
Allowyear
yearround
roundharvesting
harvesting of
ofgaper
gaper clams.
clams.
Option A. Allow
to spawn
spawn every
every year,
year, but
but recruitment
recruitment into
into juvenile clams is often sporadic.
appear to
Gaper clams appear
successful recruitment.
Surveys
Surveys have shown that large areas in an estuary can go for years without successftil
Reasons for this sporadic
sporadic recruitment
recruitment have
have not
not been
been identified.
identified.
4
The major spawning season for gaper clams in Oregon is
is January
January through
through April.
April. Other
Other bay
bay clam
clam
species
timing of spawning
species spawn from spring
spring through
through summer.
summer. The timing
spawning could
couldmake
makethe
the gaper
gaper an
an
source for
for planictovores
planktovores during a period when other zooplankton are much
important food source
Thisrelation
relation needs
needs to
to be
be explored.
explored.
reduced. This
The sporadic nature of
ofgaper
gaper recruitment
recruitment and timing
timing of spawning
spawningmay
maywarrant
warrantsome
someprotection
protection of
of
the spawning season.
ofthe
the rationale
rationale for
for the
the closed
closed season
season was for maximum
maximum meat
of the
Part of
meat yield.
yield. At the time of
experimental fishery
fishery in
in the
the mid-1970s,
mid-1970s, the
the major
majormarket
marketinterests
interestswere
were for
forfood
food grade
grade product.
More
food; meat yield
may not
not be as
More currently,
currently, major
major market
market interests
interests are
are for
for bait/animal
bait/animal food;
yield may
factor for
for determining
determining an
an appropriate
appropriate season.
season.
important aa factor
The survey conducted in Tillamook
Tillamook Bay
Bayinin 1996
1996focused
focusedon
onthree
threesubtidal
subtidal and
and four
four intertidal
intertidal
The survey cost $120,000 and took four
four full time employees
areas with high clam densities.
densities. The
employees six
six
months to complete. Previous
Previoussurveys
surveys were
were conducted
conducted in
in Tillamook
Tillamook and Coos Bay in the mid
1980s.
Other estuaries
estuaries have
have not been surveyed
Staffis
1980s. Other
surveyed since
sincethe
themid
mid1970s.
l970s. Staff
is reluctant
reluctant to
to support
(and the Board
Board did
did not
not recommend)
recommend) aa year-round
year-round gaper
gaper season,
season, especially
especially for all estuaries, until
surveys can
can be conducted
conducted and
and the sporadic nature of
of gaper recruitment can be better
updated surveys
Presently,staff
staffdoes
doesnot
nothave
havefunding
funding to
to conduct
conductnecessary
necessary surveys,
surveys, but
but is
is exploring
exploring
understood. Presently,
procedures for cooperative
cooperative surveys
surveys to
to be
be done
done by
by the
the industry.
industry.
Option B. Allow
Allowincidental
incidentalcatch
catchof
ofgaper
gaperclams
clams while
while harvesting
harvesting butter
butter clams
clams during
during closed
closed
season.
are areas
areas with high numbers
Survey data shows there are
numbers of butter
butter clams
clams and
and no
nogaper
gaper clams.
clams, The
total abundance of
ofthese
these high-density
high-density butter areas and how predictably and readily
readily divers
divers can
locate these areas is
is not known.
known.
Clams dislodged during harvest
Gaper clams older than two years lose the
the ability
abilityto
to re-burrow.
re-burrow. Clams
operations for butter
butter clams
clams will
will not re-bury themselves and
and would
would become
become vulnerable
vulnerable to
to predation
especially
The mortality
mortality of
ofclams
clams manually re-buried
especially from
from crabs
crabs and
and sea stars.
stars. The
re-buried is
is unknown,
unknown, but
be high.
high. An
presumed to be
Anincidental
incidentalcatch
catchallowance
allowance would
would utilize
utilize those
those clams
clams that
that would
would /
die, but
but would
would need
need to
to be
be small
small enough
enough if
if targeting on gapers was not
not desired.
desired.
otherwise die,
lb of
ofbutter
butterclams
clams were
were harvested
harvested from
from Tillamook
Tillamook Bay in January through June
In 2000, 15,903
15,903 lb
(the closed gaper
gaper season).
season). An
An incidental
incidental catch allowance of25
lb of gaper clams
clams for every 100 lb
of 25 lb
of butter clams could have allowed
allowed up
up to
to 3,9761b
3,976 lb of
ofgaper
gaperclams
clamstotobe
beharvested.
harvested. The
The total
total gaper
clam harvest from Tillamook Bay in
Table 22
in July
July through
through December,
December, 2000
2000 was
was 3,125
3,125 lb.
lb. Table
illustrates the potential incidental harvest of gaper clams
clams under
under other
other catch ratios, given landings
past five
five years.
years.
for the past
ofclams
clams
supported option
option22(allowing
(allowing an
an incidental catch)
The Board supported
catch) to protect the recruitment of
but encouraged gathering the data to look at a year round season in
The Board
Board and
and
in the
the future.
future. The
staff recommend allowing an incidental
incidental catch of gaper clams during January through June of
of25
25
pounds of
ofgapers
gapers for
for each
each100
100pounds
poundsof
ofbutter
butterclams
clams landed.
landed.
55
Status quo
quo -- no
no change.
change.
Option C. Status
not be
be harvested
harvested January
January through
through June.
June.
Gapers can not
Poundsof
ofbutter
butterand
andgaper
gaperclams
clamsharvested
harvested and
and potential
potential incidental
incidental harvest of
of gaper clams
clams
Table 2.
2, Pounds
ayilandings,
an ·In s, 1996-2000.
D·1l
B
d
1996 -20 00
dervanous
un
arvest ratios
ratlOs for
or Tillamook
Tl amoo k Bay
Under
various hharvest
1997
1998
1999
1996
15,366
19,197
4,639
Pounds of butter clams
615
Jan.-June
harvested -- Jan-June
2,494
3,474
4,226
Pounds of gaper clams
2,005
harvested -- June-Dec.
of gaper
gaper clams
clams potentially
potentially landed
landed under
under incidental
iucidental harvest
harvest ratio
ratio of:
of: lb
Ib gapers
gapers // lb
Ib butters
Pounds of
1,160
3,842
4,799
25/100
154
3,839
928
20/100
3,073
123
2,880
696
2,305
15/100
92
464
1,537
1,920
10/100
62
960
232
768
31
5/100
2000
15,903
3,125
3,976
3,181
2,385
1,590
795
Option A:
the Commission
Commission adopt
adopt rules to
(preferred)
staff recommend
recommend the
(preferred) The Board and staff
establish an incidental
incidental catch
catch allowance
allowanceof
of25
25Ibs
lbsof
ofgaper
gaperclams
clamsof
ofper
per 100
100 Iblb of
of
butter clams
clams during January through June.
butter
Option B:
season for gaper
gaper clams.
clams.
Allow a year round harvest season
Option C:
action: status
statusquo,
quo,gaper
gaperclams
clams can
can not
not be
be harvested
harvested from January through
No action:
June.
Issue2
A/tow transfer ofpennd in the
event of deal/i ofpermit holder.
Background
Currently,
Currently, developmental fishery
fishery pennits
permits are
are not
not transferable
transferableto
to another
another person;
person; except, they may
to another
another vessel
vessel owned or
or controlled
controlled by the permit holder up
be transferred to
up to two times
annually.
Issue
Issue
has had
had extensive
extensive discussions
discussions in the last several meetings
The Board has
meetings regarding
regarding moving
moving aa
developmental fishery
fishery into
into its
its own
own limited
limitedentry
entrysystem.
system. One
One of
of the
the reasons
reasons given
given for
for wanting
wanting to
to
move in that direction
direction was the
the desire
desire to
to make
make the
the permits
permits transferable so aa family
family business would
not be lost in the event of
of the death of
of a permit
permit holder.
holder, The Board felt this circumstance
circumstance
6
Option A:
(preferred)
(preferred) The Board and staff recommend
recommend the
the Commission
Commission adopt
adopt rules
rules to
to allow
transfer of
ofaa permit
permit in the event of
of the death of
of the permit holder.
the transfer
Option B:
action: transfer
transfer not
not allowed.
allowed.
No action:
7
Attachment
Attachment 44
DIVISION 006
(6) "Developmental fisheries species" means food
food fish
fish
species adopted by the Commission to be managed under the
FISHERIES
COMMERCIAL FISHERIES
Developmental Fisheries Program.
COMMERCIAL
GEAR; LICENSES,
LICENSES, POUNDAGE
POUNDAGE
COMMERCIAL GEAR;
FEES,
(7)
means the Director of
(7) "Director"
'Director" means
ofthe
the Oregon
Department of Fish and Wildlife.
RECORDS AND
AND REPORTS
(8) "Domestic
means an
an individual
individual who,
who,
(8)
"Domestic partner"
partner" means
together
together with
with aa permit
permit holder
holder has
has formed
formed aa partnership
partnership
Developmental
Developmental Fisheries
Fisheries Program
Program
in
in which
which both:
(a) Are at least 18 years of age;
age:
635-006-0810
Definitions
lb)
(b) share a closepersonal
close personal relationship
relationship and
and are
responsible
responsible for
for 'each
each other's welfare;
For the purposes of
ofOAR['s]
635-006-0820 through
through
OAR['s] 635-006-0820
te) are each
each other's sole domestic
(c)
domestic partner;
partner;
635-006-0950 the following defmitions
defmitions shall apply:
(I)
(1) "Actively managed" means federal management
under a limited entry system according to the
the provision
provision of a
Cd) are not married to anyone and neither has
has had
had
(d)
or aa spouse
spouse within in the
another domestic
domestic partner
partner or
previous six months;
fishery management plan.
means the Developmental Fisheries Board
(2) "Board" means
(e)
would bar
(e) are
are not related by blood closer
closer than
than would
under ORS
ORS l0&020;
106.020;
marriage under
(Q
(fl
Commission.
appointed by the Commission.
Wildlife
(3) "Commission" means the Oregon Fish and Wildlife
Commission.
(4) "Department" means
means the Oregon
Oregon Department
Department of
ofFish
Fish
and Wildlife.
(5) "Developed fishery" means aa fishery where the level
have
household for at least
least six
six months;
months:
have shared a household
and
tV
jointly financially responsible for basic
basic living
living
(g) are
are iointly
expenses.
expenses, including
inclnding expenses
expenses for
for food,
food, shelter,
shelter, and
maintaining a household.
(9) "Immediate family"
family" means a permit holder's
(9)
ofparticipation,
catch, and
and effort
effort indicate
indicate the
the fishery
fishery has
has
of
participation, catch,
spouse, domestic
mother,
spouse,
domestic partner,
partner, children, father, mother,
approached optimum sustained yield and/or there
there is
brother, sister, stepchildren,
stepchildren, and
and grandchildren.
sufficient biological information,
information, information on harvest
([8JlQ)
(MSY) means
means an
an
([8]jQ) "Maximum sustainable yield" (MSY)
methods, gear types, and markets to develop a long-term
long-term
estimate of the largest average annual catch or
or yield that can
can
management plan for the species.
of time from each stock
be taken over a significant period of
tinder prevailing ecological
ecological and
and environmental
environmental conditions.
conditions.
under
(B)
fishery has
(B) Blue
Blue shark
shark (Prionace
(Prionace glauca) fishery
has aa
([9]1!l"Underutilized
"Underutilizedspecies"
species" means
means aa food
food fish
([9]fl)
in significant
significant
species that is not presently harvested in
qualitying and annual renewal
qualifying
renewal requirement
requirement of either five
five
or inadequate
inadequate .gear
quantities due to poor markets or
gear
landings consisting of at least 500 pounds each landing or
development or may be caught but not utilized due to poor
10
one landing consisting of at least 5000 pounds. There are 10
markets.
permits for
for harvest
harvest of
of which there are no high seas drift net
([10]11)
([10112)
"Optimum sustained yield" (OSY) means the
permits and no large mesh
mesh gill
gill net
net permits.
permits. No
No permit is
of aa fishery
fishery that
that will
will provide
provide the
the greatest
greatest
desired catch level of
needed for hand lines or hand harvest.
harvest. Experimental gear
overall benefit to the state taking
taking into
into account
account economic,
economic,
permits may be required;
(Xiphias gladius) fishery has a qualifying
qualitying
(C) Swordfish (Xiphias
social,
social, and ecological
ecological considerations that will
will maintain
maintain aa
level
level of population that insures the long-term
long-term productivity
productivity of
of
and annual renewal requirement of either five
five landings
the stock and does not impair its
its ability to sustain itself into
consisting of
of at least 500 pounds each landing or one
the future.
landing consisting of at least 5000 pounds. Permits are valid
([II]!J)
means aa level
level or
or rate
rate of
of fishing
([1
l]12) "Overfishing" means
mortality that jeopardizes
jeopardizes the long-term capacity of a stock
for and renewal requirements are calculated
calculated frQm
from February 1I
of the following year. There are 20
through January 31 of
10 permits for
permits for harvest by floating longline and 10
or stock complex to produce MSY.
harvest by
by other
other gear.
gear. Specially
Specially adapted
adapteddrift1gill
drift/gill net may
may be
be
permitted. Experimental gear permits may be required. Five
Stat.
Stat. Auth.:
Auth.: ORS
ORS 506.109.
506.109, 506.119 and 506.450 through
506.465
Stats. Implemented: ORS
Hist.:
single-delivery permits will be issued to those who applied
by annual filing date, but did not receive a Developmental
635-006-0850
Fishery Permit. Gill net gear must conform to California
Developmental Fisheries Species List
gear restrictions;
(D) Northern anchovy
anchovy (Engraulis inordax)
mardax) and Pacific
(I) The
The Developmental
Developmental Fisheries species, permit and
and
landing requirements for renewal
gear restrictions, and landing
herring (Clupea
pallasi)fishery
fishery has
has aa qualifying
qualitying and annual
(Ciupeapallasi)
of Category A
A permits are as follows:
of either five landings consisting of
of at
renewal requirement of
(a) FISH
least 500 pounds each landing
landing or
or one
one landing
landing consisting
consisting of
of
stauti) fishery
fishery has a
(A) Pacific hagfish (Eptatretus
(Eptatretus stouti)
at least 5000 pounds. There are 15
15 permits
permits for
for ocean
qualitying
qualifying and annual renewal requirement
requirement of
offive
five landings.
landings.
harvest. Specially adapted small mesh drift/gill net may be
There are 25 permits for harvest of
of which there are no trawl
trawl
permitted. No permit is needed for hand lines or hand
permits;
harvest. Experimental gear permits may be required;
2 - Div. 006
(E)
(E) Pacific
Pacific sardine (Sardinops sagax) and Pacific
permits for harvest.
harvest. Experimental gear permits may be
saury
annual
sauiy (Cololabis
(Cololabis saira)
safra) fishery
fishexyhas
hasaaqualifying
quali,ing and annual
required;
of either
either five landings
landings consisting
consisting of
of at
renewal requirement of
(I) Slender sole (Eopsetta exilis)
exllis) fishery
fishery has aa
least
least 500
500 pounds
pounds each
each landing or one
one landing
landing consisting
consisting of
of
qualilYing
qualifying and
and annual
annual renewal
renewal requirement
requirement of five
five landings
landings
at
20 permits
permits for
for ocean
ocean
at least 5000 pounds. There are 20
consisting of at least 100
100 pounds
10
pounds each landing. There are 10
harvest. Specially adapted
adapted small
small mesh
mesh drift/gill
drift/gill net may be
gear permits
permits may be
permits for harvest. Experimental gear
permitted. Experimental gear permits may be required;
required.
(F) Pacific sandfish (Trichodon trichodon) fishery
fishery has
has
(b) INVERTEBRATES
fishery has
(A) Box crab
crab (Lopholithodesforamina/us)
(Lopholithodesforaminatus) fishery
a qualilYing
five
qualifying and annual renewal requirement of five
landings.
of which there are
landings. There are 10 permits for harvest of
a qualilYing
of five landings
qualifying and annual
annual renewal
renewal requirement of
and no trawl
trawl permits,
permits, however,
however, limited
no dredging permits and
of at least 100
100 pounds each
each landing.
landing. There
There are
are 25
25
consisting of
numbers of
of experimental gear permits may be issued for
permits for harvest with pots only;
trawl harvest. Permits are area specific. Experimental
Experimental gear
gear
(B) Grooved tanner crab (Chionoecetes tanner!),
tannen),
permits may be required.
required. No
No permit
permitisisneedQd
needed for hand lines
Oregon hair crab
crab (Paralomis mulitspina) and scarlet king
or hand harvest;
qualilYing and
and annual
annual
crab (Lithodes couesi) fishery has a qualifying
(G)
pacificus), whitebait smelt
(G) Eulachon
Eulachon (Thaleich/hys
(Thaleichthyspacfficus),
of five landings consisting of
of at least
least
renewal requirement'
requirement of
(Allosmerus
starks/),
(Allosmerus elonga/us),
elongatus), night smelt (Spirinchus starksO,
100
100 pounds
pounds each
each landing.
landing. There
There are
are 10
10 permits
permits for
for harvest
harvest
/haleich/hys) and
and surf
surfsmelt
smelt
longfin smelt (Spirinchus thaleichthys)
with pots only;
fishery has a
(C) Spot prawn (Pandalus platyceros) fishery
(Hypomesus pretiosus) fishery
fishery has aa qualifying
qualilYing and annual
of five landings
landings consisting
consisting of
of at least
renewal requirement of
qualilYing
of five landings
qualifying and annual renewal
renewal requirement of
100
100 pounds
pounds each
each landing.
landing. There are 20 permits for ocean
consisting of at least 100
100 pounds (round
(round weight)
weight) each
each
harvest of
of which there are no
no trawl permits,
permits, however,
however, limited
landing or one landing consisting of
of at least 1000
1000 pounds.
pounds.
numbers of
of experimental gear permits may
may be issued for
There are six permits for harvest by trawl gear and
and 10
10
trawl harvest. Specially adapted small
small mesh drift/gill net
Permits are
are area
area specific.
specific.
permits for harvest by other gear. Permits
may be permitted.
permitted. No
No permit is
is needed for hand
hand lines
lines or
or
Experimental gear permits may be
be required.
required. Permits are
Experimental gear
gear permits
permits may
may be
be required;
required;
hand harvest. Experimental
issued geographically, split at Heceta Head with 50 percent
issued north and 50 percent issued south of
of Heceta Head,
Bead,
pomfret (Bramajaponica)
(Bramajaponica) fishery
fishery has a
(H)Pacific pomfret
until after the date of
of the lottery;
qualilYing and annual renewal requirement of
of five landings
qualifying
of at least 100
100 pounds each landing. There are 10
10
consisting of
,
n:,,
AA
(D)
(D) Coonstripe
Coonstripe shrimp
shrimp(Panda/us
(Pandalus danae)
danae) and
and
permit specifications)
specifications) is allowed
allowed during the
the closed
closed season
permit
sidestripe
fishery has a
sidestripe shrimp
shrimp (Panda/apsis
(Pandalopsis dispar) fishery
notwithstandingOAR
OAR635-005-0020
635-005-0020;
notwithstanding
qualifYingand
andannual
annualrenewal
renewalrequirement
requirement of
offive
five landings
landings
quaIi'ing
(G)Giant
Giant octopus
octopus (Octopus
(Octopus dofleini)
dofleini) fishery
fishery has a
(0)
consisting of
of at least 100
100 pounds
pOlll1ds (round
(rolll1d weight)
weight) each
each
qualifYing
of five landings
landings
qualifying and annual renewal requirement of
10 permits
permits for
for harvest
harvest by
by pot
pot gear;
gear;
landing. There are 10
consisting of at least 100 pounds
pounds each landing.
landing. There are 10
(E) Ocean cockle
cockle clams (Clinocardium nuttallil)
nuttallii)
(E)
permits for harvest using octopus pots only;
fishery has
andannual
annual renewal
renewal requirement
requirement of
fishery
has aa qualifYing
quali'ing and
of
(H) California market squid (Loligo
(Loligo opa/escens)
opalescens) and
five landings consisting of
of at least
least 100
100 pounds
pounds each
each landing.
landing.
other squid (several species) fishery
fishery has
has a qualifYing
qualifying and
There are five permits for ocean harvest only.
only. No permit is
annual renewal requirement of
of either five landings
landings
needed for hand lines or hand harvest. Experimental gear
consisting of at least 500 pounds each landing or one
permits may be required;
of at least 5000 pounds. There are 30
landing consisting of
(F) Bay clams including cockle clams (Clinocardium
permits for harvest using trawl gear and 30 permits for
nuttalliz),
nuttalliO, butter clams
clams (Saxidonus giganteus),
giganteus), gaper clams
harvest using other gear types.
types. Experimental gear permits
(Tresus
nuttallii), native littleneck clams
(Tresus capas, nuttallil,),
clams (Protothaca
(Protothaca
may be
be required.
required. Permits
Pennits are issued geographically,
geographically, split
split at
at
stamines),
stamines), and softshell
softshell clams
clams (Mya
(Mya arenaria)
arenaria) fishery has
has no
no
Heceta Head with 50 percent issued north and 50 percent
qualifYing
andannual
annualrenewal
renewalrequirements
requirements for
for intertidal
intertidal
quali'ing and
issued south of Heceta
Heceta Head,
Head, until
until after the
the date of the
unlimited number
number of
ofpermits,
permits, and
and aa $25
$25
hand harvest, an unlimited
lottery;
permit fee.
fee. There are 11
II permits (individual
(individual or vessel) for
(1)
(I) Fragile urchin
urchin (Allocentrotusfragilis)
(Allocentrotusfragilis) fishery
fishery has
has aa
subtidal dive harvest, effective March 18,
18, 1997-December
1997-December
qualifYing
qualifying and annual
annual renewal requirement
requirement of five
five landings
landings
31, 1997,
1997, and 10
10 permits thereafter for statewide harvest and
are six
consisting of
of at least.500 pounds each landing. There are
five
five permits
permits for
for harvest
harvest south
south of
of Heceta
Heceta Head.
Head.QualifYing
Qualit'ing
permits for harvest using trawl gear and six permits for
of at least
requirements are either five landings consisting of
harvest using other gear. Experimental gear permits may be
200 pOlll1ds
pOlll1ds
pounds each landing or an annual total of 2500 pounds
issued geographically, split
split at
at Heceta
Heceta
required. Permits are issued
for one
one calendar year
periodof
ofJanuary
January
year during
during the
the qualifYing
quaIi'ing period
issued
Head with 50 percent issued north and 50 percent issued
I, 1990 through October 16, 1995.
1995. Annual renewal
1,
of Heceta
Heceta Head;
south of
(1)
(J) Sea cucumber
cucumber (Parastichopus
(Parastichopus spp.) fishery
fishery has
has aa
requirements
requirements are either five landings consisting of at least
100
100 pounds
pounds each
each landing
landing or an annual total
total of2500
of 2500
qualifYing
qualifying and annual renewal
renewal requirement of five
five landings
pOlll1ds[;].
pounds of payer
gaper
pounds[J. An
An incidental
incidental catch
catch of25 pounds
consisting of at least 100
100 pounds each landing. There are
are six
six
clams
100 pounds
clams (as specified
clams per 100
pounds of butter
butter clams
specified under
using trawl gear,
gear,.10
10 permits for
for havest
havest by
by
permits for harvest using
4 - Div. 006
diver, and 10 permits
pennits for harvest
harvest by
by other gear.
gear.
(G)
(U) Skilfish (Erilepis zonifer);
zonjfer);
Experimental gear permits
pennits may be required. Permits
Pennits are
(H) Northern squawfish
squawfish (Ptychocheilus
(Plychocheilus oregonensis).
issued geographically, split
split at
at Heceta
Heceta Head
Head with
with 50
50 percent
percent
(b) INVERTEBRATES
issued north and 50
50 percent
percent issued
issued south
south of
ofHeceta
Heceta Head,
Head,
Euphausids (krill)
(family Euphausidae);
Euphausidae);
(A) Euphausids
(hill) (family
until after the date of
ofthe
the lottery;
(B)
(B) Pacific
Pacific sand
sand crab
crab (Emerita
(Emerita analoga);
analoga);
(K)
(K) Marine snails (various species) fishery has a
(C) Freshwater mussels (families Margaritifera,
annual renewal
renewal requirement
requirement of
offive
five landings
landings
qualifying and annual
Anodonta, Gonidea, and Corbicula).
of at least 100
100 pounds each landing. There are 10
consisting of
(3) The Developmental Fisheries Species
Species List,
List, Category
Category
"C," isis as
as follows:
follows:
"C,'
pennits for subtidal harvest only;
permits
(L) Brine shrimp (Anemia
(Artemia spp.)
spp.) fishery
fishery has
has aa qualifying
qualifying
(a) FISH
and annual renewal requirement of at least 5000
5000 pounds
pounds
(A) Spiny
Spiny dogfish
dogfish (Squalus
(Squalus acanthias);
acanthias);
landed. There are three permits
pennits to harvest adults.
adults.
(B) Soupfm shark
shark (Galeorhinus
(Galeorhinus zyopterus);
(Hafiotis walallensis)
walallensis) fishery
fishery has a
(M) Flat abalone (Haliotis
(C) Skate (family Rajidae);
single permit
pennit authorized, aa 3,000
3,000 pound
pound annual
annual quota
quota limit,
limit,
(D) American shad (Alosa sapidissima);
an annual
annual renewal
renewal requirement
requirement of
oflO
landings of
ofat
at least
least 20
20
10 landings
(E)
(E) Pacific
Pacific cod
cod (Gadus
(Gadus macrocephalus);
each landing,
landing, aa 4-1/2
4-1/2 inch
inchminimum
minimum size,
size, aa MayMaypounds each
flalnQse (Antiinora
(Antimora microlepis);
(F) Pacific fiatnose
October
October season, taken from nonintertidal areas with an
an
(G) Pacific
Pacific grenadier
grenadier (Coryphaenoides acrolepis);
(0)
abalone iron, and such additional permit
pennit conditions as the
(H)
(11)Cabezon
Cabezon(Scorpaenichthys
(Scorpaenichthys marmoratus);
marmoratus);
Director
appropriate as
Director deems appropriate
5-006as required
required by
by OAR
OAR 63
635-006-
(I) Sculpins (family Cottidae);
870 and OAR 635-006-0880.
(1)
decagrammus);
(J) Kelp greenling (Hexagrammos decagraminus);
(K) Jack mackerel (Trachurus symmetricus);
Developmental Fisheries
Fisheries Species
Species List,
List,
(2) The Developmental
(L) Chub (Pacific)
japonicus);
(Pacific) mackerel
mackerel (Scomber
(Scomberjaponicus);
Category "B," is as follows:
(a) FISH
(M) Greenstriped rockfish (Sebastes elongatus);
(A) Salmon shark (Lamna ditropis);
(N) Redstripe
Redstripe rockfish
rockfish (Sebastes
(Sebastesproriger);
proriger);
(B) Carp (Cyprinus carpio);
carplo);
(0)
Shortbelly rockfish (Sebastes
jordani);
(0) Shortbelly
(SebastesjordanO;
(C) Black hagfish
deani);
hagfish (Eptatretus
(Eptatretus dean9;
(P) Sharpchin rockfish (Sebastes
(Sebastes zacentrus);
zacenirus);
(D) Yellow
Yellow perch
perch (Percaflavescens);
(Percaflavescens);
(Q) Splilnose
diploproa);
Splitnose rockfish (Sebastes dzploproa);
(E) Eelpouts (family Zoarcidae);
sanddab (Citharichthys
(R) Pacific sanddab
(Citharichthys sordidus);
(F) Brown bullhead
bullhead (Ameiurus
(Ameiurus nebulas
nebulosus);
us)
(S)
(5) Butter sale
sole (Pleuronectes isolepis);
n:.. nnc
(T) English sole (Pleuronectes vetulus);
vetulus);
species added to the
the developmental
developmental fishery
fishery list in OAR 635-
(U) Rex sole (Errex zechirus);
006-0850, and thereafter by the
the annual
annual filing
filing date of
(V) Rock sole (Pleuronectes
(Pleuronectes bilineatus,);
bilineatus);
February 1I ofthe
of the year
year of
of issue,
issue, except
except applications
applications for box
(W) Sand sole (Psettichthys
(Psettichthys melanostictus,);
melanostictus);
crab
crab pennits
permits must
must be
be postmarked
postmarked or
or date-stamped by
by
(X) Curlfm (lemon) sole
sole (Pleui-onichthys
(Pleuronichthys decurrens);
the year of
January 1I of
ofthe
of issue;
(c) An application shall
if it is
shall be considered complete if
(Y) Spotted ratfish (Hydrolagus collieV;
colliel);
(Z) Wolf-eel (Anarrhichthys
(Anarrhichtlrys ocellatus);
legible,
infonnation requested
legible, has all
all information
requested on
on the
the form,
form, and is
is
(AA)
chalcogramma).
(AA) Walleye
Walleye pollock (Theragra chalcogramina).
accompanied by the required fee in full.
lull. Any application
(b) INVERTEBRATES
which is not complete shall be returned and, unless it is
(A) Red rock crab (Cancer
(Cancer product
productus);
us)
thereafter resubmitted and deemed complete by the filing
(B)
(B) Purple sea urchins
urchins (Strongylocentrotus
(Strongylocentrotuspurpuratus);
purpuratus);
date,
date, the individual
individual shall
shall not
not be
be considered to have applied
(C)
(C) Crayfish
Crayfish (Pacifastacus
(Pacjfastacus leniusculus).
in a timely manner;
(d) Before applying for ~a permit, an applicant must first
atld 506.119
Stat. Auth.: ORS 506.109 and
have obtained the appropriate vessel license (or individual
Implemented: ORS 506.129, 506.450,
506.455,
Stats. Implemented:
506450, 506.455,
license if permit is issued to
to individual) for the year the
506.460, and 506.465
permit will be issued.
Hist.:
of permits
pennits allowed:
(2) Number of
635-006-0910
(a) An individual
individual shall not submit more than one
for Issuance,
Issuance, Transfer
Transfer and
and Renewal
Renewal of
Procedures for
application, per permittee, for each developmental fishery
Developmental Fisheries Species Permits
species gear category;
(I) Applications:
(b) No permittee who holds a valid developmental
(a)
pennit must
must submit
submit a complete
(a) An
An applicant for a permit
application in writing accompanied by an annual fee
fee of up
up to
to
$75.
offish
S75. The application shall include the species of
fish to be
and gear
gear proposed
proposed to
to be
be used,
used, and
and the
the area
area
taken, the method and
fisheries
fisheries pennit
permit may
may apply
apply for
for any
any additional
additional permits
permits for
for the
the
same species gear category. A valid developmental fisheries
permit is a pennit
permit which is neither at issue in a pending
oflaw;
law;
court of
Permit Review Board proceedings nor before aa court
whicb the Developmental Fisheries Species are to be
from which
and other
other information
infonnation as
as the
the Department
Department may require;
taken, and
(b) Complete applications must be received postmarked
of the year of
of issue for new
or date-stamped by January 11 of
If a permittee, who holds a permit at issue
issue either
either
(c) If
before the Permit Review Board or a court
court of
oflaw,
law, is
is
gear category
category
awarded another permit for the same species gear
through the lottery and thereafter prevails before the Permit
Pennit
(,
~ niv
nOll
Aflv
(1fli'
Review
pennittee shall immediately
Review Board or in court, the permittee
Department shall
shall detennine
determine fIrst
first how many applications
surrender one of
of the permits
pennits to any Department office, so
are with preference points as
as accrued
accrued under
under OAR
OAR 635635there are
pennit per
per species
species gear
gear category
category is
is held.
that only one valid permit
006-0915, except for new species that have qualification
of permits:
pennits:
(3) Issuance of
restrictions set forth
forth in
in OAR
OAR 635-006-0850.
635-006-0850. Evidence
Evidence of
of applications
applications received by the filing
(a) If the number of
landings must be supplied by the applicant and submitted
is less
less than
than the
the number
number of
ofpermits
pennits available,
available, all
all
date is
who have submitted
submitted complete
complete applications
applications shall
applicants who
pennit within
within 14
14 days
days of
of the filing date.
be issued a permit
pennits shall be issued on a firstfIrst(A) Any remaining permits
within 14
14 days of
of receipt of
of each
come, first-served basis, within
completed application, until
until the
the maximum number of
with the application.
(A) If the number of these applicants does not exceed
the number of pennits,
permits, they
they shaH
shall be given all available
pennits and any remaining applicants shall be
be placed in
in aa
permits
lottery;
If the number of
of applicants who have preference
(B) If
pennits is issued. Priority shall
shaH be based on postmark or
permits
of pennits,
points exceeds the number of
permits, then these applicants
date;
date-stamped date;
by the
the number
number
only shall be placed in a lottery, and grouped by
names of
ofapplicants
applicants who
who did
did not
not receive aa
(B) The names
of preference points they have accrued for each
each species
species gear
gear
permit
pennit shall be placed
placed on
on an
an alternates
alternates list,
list, in
in the
the order
order they
they
category. Applicants with the
of preference
the highest number of
are received, until
until the
the next
next annual
annual filing
filing date. Applicants
points for each species gear category will be drawn first.
flTst.
whose names are placed
placed on
on the
the alternates
alternates list shall be
of preference points
Applicants having the highest number of
refunded
reflinded their pennit
permit fee minus a $10 application fee.
drawn next.
next. This
This permit
pennit
per species gear category will be drawn
Pennits which become available before the end ofthe
Permits
of the year
issuance
issuance process
process will
will continue
continue through descending numbers
to the alternates list, in the
shall be made available to
the order
of preference points until all the available
available permits
permits have
have been
been
of
shall be
be notified of
of an available pennit
listed. The applicant shall
permit
issued,
issued, unless
unless all
all qualified
qualified applicants with preference points
and shall resubmit aa complete
complete application
application and
and permit
pennit fee
fee
have been issued pennits
point. Permits
Permits shall
shall be
be
permits prior to that point.
within 30 days of
of the date
date the
the notification
notification is mailed. The
of the lottery;
lottery;
issued within 14 days of
pennit
issued within
within 14
14 days
days of
of receipt of
of the
permit shall be issued
(C) In addition, remaining applicants (who do
do not
not have
have
resubmitted application and
and fee.
fee. If
If an
an alternate
alternate fails
fails to apply,
apply,
preference points)
points) shall
shall be
be placed
placed in
in a lottery and their
he
pennit and
and the permit
pennit shall then be made
he shall forfeit the permit
names shall be drawn;
available to the next name on
on the alternates list.
(b) If the number of
of applications
applications received by the filing
date is greater than
than the
the number
number of
ofpermits
pennits available,
available, the
the
(D)
list,
(D) The
The Department
Department then
then shall
shall prepare
prepare an
an altem'ates
alterntes list,
in
in which
which applicants
applicants who
who have
have preference points are listed
first
first (in the
the order
order drawn),
drawn), and
and thereafter
thereafter remaining
remaining
applicants are listed,
listed, in
in the order
order in
in which
which they
they were
were drawn.
drawn.
mnst be requested by the family
family member to
permit, and must
All applicants whose names are placed on the alternates list
the deceased which shall be presumed
pre~umed by
by possession
possession of
of
refunded their permit fee minus a $10 application
application
shall be reffinded
the permit and death certificate.
certifIcate.
([a]!i) To transfer
transfer aa permit,
permit, a permittee shall
shall first
fIrst apply
apply
([a]h)
fee. Any permits available before
before the
the end
end of
ofthe
the year
year shall
shall be
be
fee.
fIrst name on the alternates list.
made available to the first
list. The
on a form provided by the Department and shall include a
applicant shall be notifIed
notified of an available permit and shall
shall
$25
$25 transfer fee;
resubmit a complete application and permit fee within 30
([b]£)
([b]th No transfer shall be considered effective until the
of the date
date the
the notification
notifIcation isis mailed.
mailed. The
The permit
permit shall
shall
days of
permittee has received approval from the Department and an
of the resubmitted
be issued within 14 days ofreceipt
of receipt of
updated
updated permit.
permit
application and fee. If
If an alternate fails to apply for the
ofpermits:
(6) Renewal of
lottery permit within 30 days, he shall
shall forfeit
forfeit such
such permit
the
(a) Permits may be renewed by submission, to the
and the permit shall
shalI then be
be made available
available to
to the
the next
next name
name
Department, of
of the appropriate fee and a complete
on
on the
the alternates list.
application
application date-stamped
date-stamped or
or postmarked
postmarked before
before January
January I1of
of
(c) Permits may be
be made available before the end of the
the
the year for which renewal is sought,
sought, except renewal
applications for
for box crab permits
permits must
must be
be postmarked or
year by a permittee voluntarily
voluntarily turning
turning in
in aa permit.
permit.
to whom
whom permits
permits are
are issued:
issued: Permits
Permits shaJi
shall
(4) Persons to
be issued to either a vessel or an individual person when
ofthe
date-stamped before December 1 of
the year prior to which
is sought;
renewal is
hand harvest methods are used. The permit holder is the
the
(b) An application for renewal shall be considered
owner or controller of the vessel or the individual person
complete if it is legible and has all information requested on
used.
when hand harvest methods are used.
accompanied by
by the
the required
requiredfee
fee ininfUll.
full. Any
Any
the form and isis accompanied
(5)
(5)
is not complete shall be returned, and
application which is
Transfer of
of permits: Permits for Developmental
Fisheries Species are not transferable to another person or
unless it is thereafter resubmitted and deemed complete
entity; provided however
however that
that permits
permits may
may be
be transferred
transferred to
to
before the deadline listed in (6)(a)
(6)(a) above,
above, the individual
individual
another vessel owned or controlled by the permit holder up
renewal in
in aa
shall not be considered to have applied for renewal
annually.
to two times annually.
manner;
timely manner;
(a) In the event of the death of a permit holder, the
of the permit holder to ensure
(c) It is the responsibility of
permit of
of the deceased
deceased may
may be
be issued
issued to a family
family member
an application is complete and is filed
fIled in a timely manner.
malmer.
as
635-006-0810. Permit
as defIned
defined by OAR 635-006-0810.
Permit transfer
transfer shall
Failure of
for
of the Department to return an application for
require a copy
COPy of the death certificate and the
the oriainal
original
incompleteness or of
of an individual
individual to receive a returned
8 - Div. 006
8-Div.006
not be
be grounds
grounds for
for treating
treating the
the application
application
application shall not
as having been filed in
in aa timely
timely and complete manner;
(d) In
additiontototimely
timelyand
and complete
complete filing
filing to renew a
h addition
permittee must
must annually
annually lawfully
lawfully land the required
permit, a permittee
pounds and/or landings listed
listed in
in OAR
OAR 635-006-0850.
However,
obtained aa permit later than July 11
However, if
if a permittee obtained
of the prior year, the permittee shall not be required to make
the annual landing requirement
requirement by
by the following January.
Instead, at the next renewal thereafter, the permittee
perinittee shall be
demonstrate the
the annual
annual landing
landing requirement
requirement was
required to demonstrate
first full
full year in
in which the permit was
fulfilled during the first
held.
by one
one vessel
vessel can not be used
used for
(e) Landings made by
more than
than one
one permit per permit
qualification to renew more
category in any given year.
Authority of
ofDirector:
Director: Consistent
Consistent with
with OAR
OAR 635635(7) Authority
006-0810
006-08 10 through
through 635-006-0950,
635-006-0950, the
the Director is
is authorized
issue Developmental
Developmental Fisheries
Fisheries Permits
Permits under
under the
the authority
authority
to issue
ofORS
of ORS 506.460.
Stat.
Auth.: ORS
ORS 506.109
506.109 and
and 506.119
506.119
Stat Auth.:
Stats.
Stats. Implemented: ORS 506.129, 506.450, 506.460 and
506.465
Hist.:
0_ni', AA
Attachment 55
Attachment
DRAFT11-06-01
11-06-01
DRAFT
FOR OREGON'S NEARSHORE
INTERIM MANAGEMENT PLAN FOR
FISHERIES
. Oregon Department
Department of
ofFish
and Wildlife
Wildlife
Fish and
2040 SE Marine Science Drive
Newport, OR 97365
97365
November 6, 2001
2001
DRAFT
11-16-01
DRAFT 11-16-01
I.
1.
Background
The need for aa plan has emerged as a consequence of
ofthe
the groundfish crisis
crisis along
along with
with
pressure on
on nearshore
nearshore species
species by
by commercial
commercial and
and recreational users.
users.
increased pressure
California, the
Developing first in California,
the live
live fish
fishfishery
fisherybegan
beganininearnest
earnestininOregon
Oregoninin1997.
1997. The
excess of $5.00 per pound for some
some species)
species) for live
live fish
high value paid (in excess
fish has
has provided
incentive for
access and
and limited
limited entry
entry fishers
fishers to pursue
pursue the
the nearshore.
nearshore complex
complex of
of
incentive
for open access
groundfish
though trip
trip limits for
for rockfish
rockfish and
and lingcod
lingcod have
have been
been reduced
reduced
groundfish even
even though
significantly. Some
Some species
species (cabezon,
(cabezon,and
andkelp
kelpgreenling)
greenling)dodonot
nothave
havetrip
trip limits
limits atat
present, are
are not
not managed
managed as
as separate
separate optimum
optimum yield
yield (OY) species;
species, and thus are vulnerable
vulnerable
to overfishing.
In 2000, Oregon had
had 94 boats which
which made 1,856 deliveries
deliveries to
to 13
13 dealers
dealers of
of about
about 182,000
lb oflive
of live fish.
fish. Fresh-dead
within this
this fishery
fishery as
as not
not all
all
lb
Fresh-dead fish
fish is always a harvest component within
of the fish destined
destined for the live
live market
market survive.
The live
live fish
fish fishery
fishery has
doubled in size
survive. The
has doubled
since
At least
least 64
64 vessels
vessels and
and 21 dealers
dealers are active
active this year
year
since 1997
1997 and
and continues
continues to
to grow.
grow. At
as
Fishare
arecaught
caughtwith
withopen
openaccess
accesshook-and-line,
hook-and-line, limited
limited entry
entry longline,
longline,
as of April 2001. Fish
of other hook
hook gears.
gears. The
Thenumber
number of
ofcommercial
commercial hook
hook and
and line
line or
or
gear, and
and aa variety
variety of
pot gear,
open access effort directed towards groundfish has
has been fairly
fairly stable
stable at
at around
around 250
250 boats.
The increase in effort toward live fish
fish reflects
a
combination
oflong-time
fishers
reflects combination of long-time fishers switching
switching
over to value added fisheries
fisheries and
and new
new entrants
entrantsinto
intothe
the open
open access
accessfishery.
fishery. Some
Some of the
longer term participants
participants were recently
recently excluded
excluded from
from fishing
continental shelf due
fishing on
on the
the continental
to 1-ecent
recent restrictions
restrictionstotoprotect
protect canary
canaryrockfish.
rockfish. In addition,
addition, some
some limited
limited entry
entry fixed
fixed gear
gear
fishers
nearshore fisheries
fisheries using a mix
mix of
ofhook-and-line,
hook-and-line, longline,
longline,
fishers also participate in the nearshore
fish for
for groundfish
groundfish with traditional
gears. Limited
Limitedentry
entryfishers
fishers who
who fish
and pot gears.
traditional open
open access
access
So far,
far, allocations
allocations have
have
gears have their
their catch
catch credited
credited against
against limited
limited entry
entry allocations.
allocations. So
addressed sablefish
sablefish and rockfish.
rockfish.
only addressed
Few
of Oregon's
Oregon's nearshore
nearshore species
species have
have separate
separate quotas
quotas or
or OYs
OYs under
under the
the federal
federal
Few of
Groundfish
Groundfish Fishery
FisheryManagement
ManagementPlan.
Plan. No
No trip
trip limits
limits exist
existfor
forcabezon
cabezonand
andgreenling.
greenling. As
a consequence,
consequence, increased
increased fishing
fishing effort
directed
at
higWy
valued
nearshore
species may
may
effort directed highly valued nearshore species
ofreefs,
reefs, overfishing,
overfishing, and
and user
user conflicts.
conflicts.
local depletion
depletion of
lead to local
On October
October 19,
19, 2001,
2001, the
the Fish
Fish and
and Wildlife
Wildlife Commission
Commission took
control
took action to establish a control
date
use in
in future
future limited
limited entry
entry programs
programs that might
might be
be developed
developed for
for groundfish
groundfish
date for use
species. Staff presents a Developmental Fisheries
Fisheries Program
Program for several
several nearshore species
species
of groundfish and
and other
other marine
marine species
species that would establish
establish a permit
of
permit system for accessing
species.
these species.
2
ofFish
Oregon Dept. of
Fish and Wildlife Marine Resources
Resources Program
Program
Science Drive, Newport,
Newport, OR
2040 SE
OR 97391
2040
SE Marine Science
Jim. Golden@hmsc.orst.edu
Jim.Golden2thmsc.orst.edu
541-867-4741
DRAFT
DRAFT11-16-01
11-16-01
Program for
for Nearshore
NearshoreSpecies
Species
II. Developmental Fisheries Program
As
indicated above,
above, federal
federal management
of the
the nearshore
nearshore
As was indicated
management does
does not
not break
break out
out most of
separate management
management measures
measures including
including optimum yields
size
species for separate
yields (OYs),
(OYs), seasons, size
limits,
limits. This present situation allows
allows expanding
have
limits, or trip limits.
expanding harvest
harvest on species that have
little or no
little
no stock
stockassessment
assessmentinformation.
information. Therefore,
Therefore, some conservation
conservation measures are
are
protectnearshore
nearshore groundfish
groundfish species
species while
while more information
information is
needed to protect
is gathered
gathered and
stock assessments developed.
developed.
Several ideas for nearshore management
management were discussed
discussed before,
before, during,
during, and
and subsequent to
th
26th
Bandon on April
April 26
Staff
the nearshore
nearshore fisheries
fisheries forum
forum in Bandon
Staff have
have revised
revised some
some of the
ideas and outline the following
following straw
oflimited
straw proposals.
proposals. The concept of
limited entry
entry for the open
fishery or for
for nearshore
nearshore species
species has
has been
been aa topic
topic of
ofdiscussion
diSCUSSion within
within the
the Pacific
Pacific
access fishery
dealt with
Fishery
Management Council
Council and Bandon
Bandon forums.
forums. This
Fishery Management
This particular
particular topic
topic isis dealt
subsequent section.
section.
separately in aa subsequent
Proposed Oregon Nearshore
NearshoreSpecies
Species for
for the
the Developmental
Developmental Fisheries
Fisheries Program:
Program:
The proposed Oregon
Oregon list focuses
focuses on those nearshore
nearshore species
separate
species that
that do
do not have a separate
OY under the
the groundfish
groundfish FMP live
live predominately
predominately within
not
withinthe
the territorial
territorial seas,
seas, or
or are not
contained
Black and
and blue
blue rock±Ish
rockfish are
included for
reasons.
contained within
within the
the FMP.
FMP. Black
are not included
for two reasons.
Black rockflsh
rockfish are managed
managed with
rockfish
with a separate
separate OY
OY under
under the
the groundfish
groundfish FMP.
FMP. Blue rockflsh
also caught
caught coincidentally
coincidentally with
are caught also
with black
black rockfish
rockflsh and
and are
are often
often times
times taken
taken outside
territorial seas.
seas. For
For the
the time
time being,
being, we
we excluded
excluded other
other species
species associated
associated with the
the
of the territorial
as flatfish
flatfish and skates.
nearshore soft
soft bottom
bottomhabitats
habitats such
such as
1: Focal
Focal Species
Species for
for Oregon
Oregon nearshore
nearshore fishery
fishery management.
management. Common
Common name,
name,
Table I:
family name.
name.
species name, and
and federal
federal management
management designation
designation listed
listed below
below each
eachfamily
Family
Family Cottidae
Buffalo sculpin Enophrys bison
Red Irish Lord
N/A
,Hemilepidotus
hemilepidotlls
Hemilepidotus hemilepidotus
N/A
Brown Irish lord
lord Hemilepidotusspinosus
HemilepidotlisspinoSlis
N/A
Cabezon, Scorpaenichthys marmoratus
Other Fish
Family Hexagrammidae
llexagrammidae
Family
Kelp greenling Hexagrammos
Hexagrammos decagrammlls
decagrammis
Other Fish
Rock greenling
greenling Hexagramnios
Hexagrammos lagocephalus
lagocephailis
N/A
3
3
Oregon Dept.
Dept. ofFish
of Fish and Wildlife Marine Resources
Resources Program
Program
2040 SE Marine Science Drive, Newport, OR 97391
2040
97391
Jim. Golden@hmsc.orst.edu
3im.Golden(ähmsc.orst.edu
541-867-4741
DRAFT11-16-01
11-16-01
DRAFT
greenling Hexagrainmos
Hexagrammos ste/len
stelleri
Whitespotted greenling
N/A
Painted greenling Oxylebius
Oxylebius pictu
N/A
Family
Family Scorpaenidae
Kelp rockfish Sebastes atrovirens
Minor Nearshore Rockflsh
Rockfish
Brown rockfish Sebastes
Sebastes auriculatus
Minor Nearshore
NearshoreRoclefish
Rockfish
Minor
Gopher rockfish Sebastes earn
carna!us
a[us
}';Jinor Nearshore Rockfish
Minor
caurinus
Copper rockfish Sebastes cauninus
Nearshore Rockfish
Rockfish
Minor Nearshore
Black & Yellow rockfish
rockflsh Seb
Sebastes
astes chrysomelas
Minor
Nearshore
Minor Nearsh
ore Rockfish
RockjIsh
Calico rockfish Sebastes dalli
~Minor
Minor Nearshore
Qnillback
Quillback rockfish Sebastes maliger
Minor Nearshore RockJish
Rockfish
Vennilion
Vermilion rockfish Sebastes miniatus
Minor Nearshore
NearshoreRocicflsh
Rockfish
China rockfish Sebastes nebulosis
}';Jinor
./vfinorNearshore
Nearshore Rockfish
Tiger rockfish Sebastes nigrocinctus
Minor Nearshore Rockfish
Grass
Grass rockfish
rocklish Sebastes
Sebastes rastrelliger
rastrelliger
lyfinor
}';Jinor Nearshore Rockfish
rockfish Sebastes serrano
serranoides
Olive rocklish.
ides
Minor Nearshore
NearshoreRoclefish
Rockfish
Minor
Treefish Sebastes serriceps
}';Jinor Nearshore
Rockfish
Ivlinor
Nears/ion Rockjish
Rockfish
Rockjish
Family Embiotocidae
Barred surfperchAmphistichus
surfjerch Ainphistichus argenteu
N/A
koelz
Calico surfperchAmphistichus
surferch Amphistichus koelz
N/A
Redtail surfperchAmphistichus rhodotenls
rhodoterus
N/A
Kelp perch Brachyistiusfrenatus
Brachyistiusfnenatus
N/A
Shiner perch
perch Gym
Cymatogaster
atogaster aggregata
aggregata
N/A
Striped perch Emb
Embiota
iota lateralis
lateralis
N/A
Spotfin surfperch
Hyperprosopon anale
Spotfin
surerch Hyperprosopon
N/A
Walleye
Hperprosopon argenteum
argenteum
Walleye surfperch
surfperch Hperprosopon
N/A
4
Oregon Dept.
Dept. ofFish
of Fish and
and Wildlife Marine
Marine Resources
Resources Program
Program
Science Drive, Newport,
Newport, OR 97391
2040 SE Marine Science
Jim.
Golden@hrnsc.orst.edu
JimGo1derulunsc.orst.edu
541-867-4741
DRAFT11-16-01
11-16-01
DRAFT
Hperprosopon ellipticurn
el/ipticum
Silver surfperch
surferch Hperprosopon
N/A
Sharpnose surfperch
surfperch Phanerodon
Phanerodon alripes
atripes
N/A
White surfperch Phaneradon
Phanerodon furcalus
furcatus
N/A
Pile perch Rhacachilus
Rhacochilus vacca
N/A
Qualification Criteria
Criteria for
for Initial
Initial Permit
Permit Issuance:
Issuance:
Groundfish Strategic Plan
reduction in capacity
The PFMC's Groundfish
Plan calIs
calls for
for more
more than
than a 50% reduction
sectors. Staff proposes
2001 control
control
across all sectors.
proposes landing
landing requirements
requirementsprior
priorto
to the
the July
July 1, 2001
Commission toto identifY
list of
of qualified
qualified applicants
applicants for
date established
established by
date
by the
the Commission
identifj aa list
for a
Developmental Fisheries
Fisheries Permit
the above
above species.
species. Live
Live fish
fish landings
landings have
have been
Developmental
Permit for the
recorded
1997. Many
Manyofofthe
thespecies
speciesrecommended
recommended above
above are
are landed
landed primarily
primarily as
recorded since 1997.
as
Using aa landing
landing requirement
requirement associated
associated with total pounds of
of live
live fish
fish
live
live fish
fish (Figure
(Figure 1).
1). Using
is aa good
good proxy
proxy for
forfishing
fishing activity
activity directed
directed towards
towards these
these
reported on
fish ticket is
reported.
on the fish
species.
Oneof
ofthe
thecharacteristics
characteristics of
ofour
our nearshore
nearshore fishery
fishery is
species. One
is the
the high
high degree
degree of
of turnover
turnover
the fishery.
fishery. A high
high percentage
percentage of the boats
boats have
have either
either entered
entered recently
recently or
or only
only
in the
participated in
one or
or two
twoyears
yearshistorically
historically (Figure
(Figure 2). Staff
Staff recommends
recommends trying
trying to
to
participated
in one
in the
the active
active fleet
fleet who
who have
have a higher dependency
dependency on
capture those participants
participants currently
currently in
of
live fish
fish for their income,
income, as
indicated by
live
as indicated
by aa minimum
minimumannual
annuallanding
landinghistory.
history. A
A total
total of
161
boats made
made landings
landings from
from 1999
1999 through
through June
June 30 th of 2001
2001 (Table
(Table 2).
2). Staff
161 boats
total fleet
fleet size
size be
be reduced
reduced at
at least
least 50%.
50%.
recommends total
landings and
Staff considered
annual number
number of landings
considered both
both the annual
and pounds
pounds landed
landed of live fish to
1, 2001
2001 control
control date.
date. Vessel
develop
initial qualification
qualification criteria
develop initial
criteriabased
basedon
on the
the July
July 1,
participation was summarized
summarized by open
open access
access and
and limited,
limited. entry
entry participation
participation grouped
grouped by
annual landed catch of
oflive
greater
live fish
fish <500
<500 lb,
lb, between
between 500
500 and
and 999 lb,
lb, and
and 1,000 lb and greater
Since average
average number
numberof
oftrips
tripswas
was around
around three
three for
for the
the < 500 lb
lb
(Table
Table 3). Since
(Table 2 and Table
category, between
between 5 to 10
greater than
than 25
25 trips for the highest
category,
10 for
for the
the middle
middle category,
category, greater
highest
category,
feel that adding
adding an
consider the number
category, staff did not feel
an option
option to
to consider
number of landings
landings was
was
selection criteria.
criteria. Staff suggests
landing criteria for
suggests two
two options
options based
based on landing
necessary for aa selection
identifYing the
the core
core group
groupofofparticipants
participantseligible
eligible for
for future
futureDevelopmental
Developmental Fisheries
Fisheries
identif'ing
permits:
Option 11(staffpreferred):
Applicants for a nearshore Developmental
(staff preferred): Applicants
1,000 lb
lb of
oflive
at
Fisheries Permit must have landed at least 1,000
live fish per year in at
least one year between January
January 1,
1, 1999
1999 and
and June
June 30,
30, 2001.
2001.
Under this
be 68
68 boats
boats qualifYing
qualil'ing - 18
18 limited
limited entry
entry and
and 50
50 open
open
Under
this option,
option, there
there would
would be
access vessels.
vessels. This
This option
option would
would be
be consistent
consistent with more than a 50% reduction
reduction in fleet
qualifYing period.
period. Current
Current fleet
size landing
landing live
fish in 2001
200 1 is
size during
during the
the qualifying
fleet size
live fish
size
approximately 47 boats.
55
Oregon Dept.
Dept. ofFish
of Fish and Wildlife
Wildlife Marine
Marine Resources
Resources Program
2040 SE Marine Science
Science Drive, Newport, OR 97391
97391
Jim.Golden@hmsc.orst.edu
Jim.Golden(ãthrnsc.orst.edu
541-867-4741
DRAFT11-16-01
11-16-01
DRAFT
It
would eliminate
eliminate 12
12 limited
limited entry and 81
81 open access
access potential applicants
applicants who
failed to
It would
who failed
the landing
landing criteria.
criteria. Fleet
Fleet size
size may
may need
be adjusted
adjusted in
in the
the fUture
future based on
on
meet the
need to
to be
collected during
during the
the Developmental
Developmental Fishery
Fishery Program.
Program. Additional
additional information collected
management
insure viability
viability of the
management measures
measures may
may be
be required
required to
to protect the resource and insure
fishery.
Option 2: Applicants
Applicants for aa nearshore Developmental Fisheries Permit must
least 500
500 lb of
oflive
between
have landed at least
live fish
fish per year
year in
in at least one year between
January 1,
I, 1999
1999 and
and June
June 30,
30, 2001.
2001.
limited entry
access vessels.
vessels.
Under this
this option,
option, 80
80 boats
boats would
wouldqualify
quali' - 20 limited
entry and
and 70 open access
This
50% reduction
reduction in
total number
number of
of vessels
vessels participating
participating from
1999
This represents
represents 50%
in the total
from 1999
through June
The number
number of qualifying
vessels would
It
June 30,
30, 2001.
2001 The
quahnng vessels
would be
be approximately
approximately n% It
would eliminate
eliminate 10 limited
limited entry
entry and
71 open
open access
access potential
potential applicants
applicants who
failed to
and 71
who failed
option were
were chosen,
chosen, staff
staffrecommends
recommends downsizing
downsizing the
the
meet the
the landing
landing criteria.
criteria. If this option
fleet
fewer than
than 80
80 vessel
vessels through
through attrition
permit holders
holders who
failed to meet
meet
fleet to fewer
attrition of permit
who failed
;rio.
renewal requirements. Fleet size
size may need to be adjusted
adjusted in the fUture
future depending
depending based on
additional
during the
the Developmental
Developmental Fishery
Fishery Program.
Program. Additional
additional information collected during
management
management measures
measures may
may be
be required
required to
to protect
protect the resources and insure viability
viability of
of the
the
fishery.
Renewal Recinirements
Requirements
lb of
of
Applicants
Applicantsreceiving
receivingpermits
permitsforfor2002
2002would
wouldneed
needtoto land
land at least 1,000 lb
Developmental Fisheries
qualify the
permit for
for renewal.
renewal. Staff
Developmental
Fisheries nearshore
nearshore species
species to
to qualiQj
the permit
recommends
no lottery
lottery for
for permits
permits until
until the number
number of participants
recomnends no
participants falls
fallsbelow
below50,
50,or
or staff
staff
of
the
is able
able to
to complete
complete stock
stock assessments
assessments on
the
species
making
up
the
majority
on the species making up the majority of the
catch and
and recommend
recommend appropriate
appropriate effort
effort levels.
levels.
nearshore catch
Gear Restrictions
gears may
may be
be used
used to
to catch
catchnearshore
nearshore live
live fish.
fish.
Legal gears
Incidental Catch
Catch Allowance
Allowance
Incidental
Vessels without a Developmental Fisheries
Fisheries permit
permitfor
for nearshore
nearshore species
speciesmay
mayland
landup
up to
to 50
50
lb
of nearshore
nearshore Developmental
Developmental Fisheries
Fisheries species
species as bycatch,
bycatch, if the non-nearshore
non-nearshore species
species
lb of
ofthe
the catch
catch and
and are
are caught
caught with
with legal
legal gear.
gear.
50% of
comprise more than 50%
Area Restrictions:
the Bandon
Bandon Forum,
Forum, recreational
supported limiting
limiting commercial
commercial access
At the
recreational users
users supported
access in
nearshore reef
reef areas
areas adjacent
adjacent to
to Bandon.
Bandon. It was
was suggested
suggested this could be done either
either by
by
by gentlemen's
gentlemen's agreement.
agreement. Figure
Figure 3 shows
shows the distribution
distribution of catch
rule or by
catch by
by port for
recreational and
and commercial
commercial nearshore
nearshore fisheries,
fisheries. There
There is
currently aa separation
separation of
both recreational
is currently
ofintense
intense commercial
commercial activity
activity from
from areas
areas of
ofhigher
higherrecreational
recreational activity.
activity. Capping
areas of
of high
high recreational use will minimize
minimize impacts
commercial harvest within areas of
impacts on existing
66
Oregon Dept. of Fish and Wildlife Marine Resources Program
2040 SE Marine Science Drive, Newport, OR 97391
Jim.
Jim.Golden2thmsc.orst.edu
Golden@hmsc.orst.edu
541-8674741
541-867474
1
DRAFT
11-16-01
DRAFT 11-16-01
commercial use and reduce figure
future user
user conflicts.
conflicts. The following
following option suggests expanding
of Bandon,
Bandon, and applying
applying the
65 fish
fish
the restricted fishing
fishing area
south of
area to just south
the 200
200 pound 65
restriction and adding
adding aa restriction for
for nearshore
nearshore species.
species.
Option 1: The
The following
following trip limit
limit applies
applies to black rockflsh
rockfish and
species
and nearshore species
all commercial
commercial gear except
except trawl:
trawl:
with all
taken with
(1)
It is
is unlawful
unlawful to take
take or
or retain
retain more
more than
than 200
200 pounds
pounds of
of black
black rockfish
rockfish and
and
65 fish,
fish, whichever
whichever is greater,
greater, per
per vessel
vessel from
from aa single
single fishing
fishing
nearshore species or 65
trip within one
one of
ofthe
the following
following areas:
0
0
56'
20'
15" N.
Tillamook Head
(a) Tillamook
Head (45
(45°
56' 45"
45" N.
N. latitude)
latitude)toto Cape
Cape Lookout
Lookout (45
(45°
20' 15"
Latitude);
(45 0 03' 50"
50" N. latitude) to Cape Perpetua (44
Cascade Head (45°
(b) Cascade
(44°0 18' N. latitude);
0
(c) From aa point
(43 30'
30' N.
N. latitude),
latitude), approximately
approximately 81/2
81/2 nautical miles
miles north
north of
point (43°
0
north jetty
jetty to
to aa point
point(43°
adjacent to
to the mouth
the Coos Bay north
(43 03' N. latitude)
latitude) adjacent
of
of Fourmile Cr.
Cr.
(d)
(42 0 13'
13' 40"
40" N.
N. latitude)
latitude) totoOregon-California
Oregon-California border
border 42°
42 0 N.
N.
(d) Mack
Mack Arch
Arch (42°
latitude).
(2)
A Developmental
Developmental Fisheries
Fisheries permit
permitisisrequired
requiredtoto take,
take, land,
land, or
or possess
possess nearshore
nearshore
taken as
as bycatch.
bycatch.
species unless as taken
Option 2:
2: The
The following
following trip
trip limit
limit applies
applies to
to black
black rocicfish
rockfish and nearshore species
species
commercialgeãr
gear except
except trawl:
taken with all commercial
(1)
It is
is unlawful
unlawful to take or
or retain
retain more
more than 200
200 pounds
pounds black rockfish
rockfish or 65 fish,
fish,
pounds of
of nearshore
nearshore species,
species, per
per vessel
vessel
whichever is greater, and no more than 50 pounds
single fishing
fishing trip within one of
of the
the following
following areas:
areas:
from aa single
0
0
56'
20'
15" N.
N.
(a) Tillamook
Tillamook Head
Head (45
(45°
56' 45"
45" N.
N. latitude)
latitude) to
to Cape
Cape Lookout
Lookout (45
(45°
20' 15"
Latitude);
N.latitude)
N.latitude);
(b) Cascade Head (45
(45°0 03' 50" N.
latitude) to Cape Perpetua (44
(44°0 18' N.
latitude);
0
(43 30'
30' N.
N. latitude),
latitude), approximately
approximately 81/2
(c) From
From aa point
point (43°
81/2 nautical
nautical miles
miles north
north of
of
0
latitude) adjacent
the Coos Bay north jetty to a point
point (43
(43° 03'
03' N.
N. latitude)
adjacent to
to the mouth
of
of Fourmile Cr.
(d)
(d) Mack
Mack Arch
Arch (42°
(42 0 13'
13' 40"
40" N.
N.latitude)
latitude) totoOregon-California
Oregon-California border 42°
42 0 N.
N.
latitude).
Option
Status Quo.
Quo.
Option 3: Status
'I7
Oregon Dept.
Dept. ofFish
of Fish and
and Wildlife
Wildlife Marine
Marine Resources
Resources Program
Program
Science Drive, Newport,
Newport, OR
OR 97391
97391
2040 SE Marine Science
Jim.
Golden@hmsc.orst.edu
Jiin.Go1den2lhmsc.orst.edu
541-867-4741
541-8674741
DRAFT11-16-01
11-16-01
DRAFT
III. Recommendations
III.
Recommendations
A quorum
quorum was
was not
not present
present when
when the
the staff
presented to
the
A
staff report
report was
was presented
to the
Developmental Fisheries
Developmental
FisheriesBoard
Boardmeeting
meetingon
onNovember
November6,6,2001.
2001. There
There was not aa
board members
members and
and public
publicpresent
present atatthe
the meeting
meeting on
on the
the options
options
consensus among board
concerns expressed
either too
presented. There
There were
were concerns
expressedthat
that the
the program
program was
was either
exclusive
not exclusive
exclusive enough.
enough. Some
board members
members and
public wanted
wanted
exclusive or not
Some board
and public
additional
sufficient
additional details
details that
that might
might help
help define
definethe
theprogram.
program. Staff felt
felt there
there was sufficient
do the
the following:
following:
direction to do
•
•
•
•
•
Better define
and resource
resource concerns,
concerns, and
and set
of over-capacity
over-capacity and
define the problem
problem of
goals for the
the fishery.
fishery. There
There is
is public
public debate
debate over
over whether
whetheror
or not
not we should
create
of part-time
part-time fishers
fishers or aa smaller
smaller group of
of fishers
fishers who
who
create a larger group of
concentrate on nearshore species for a major part of
of their income.
Create a broader set of
of options
options for
for developing
developing landing
landing history criteria that may
may
ofqualified
qualified applicants
applicants for initial permit application.
be used to
to establish
establish aa pool
pool of
suggestion was
time to capture
capture past
past participants
participants in
in
One suggestion
was to go back further in time
recent participants.
participants. Another
the fishery while
while reducing
reducing the numbers
numbers of more recent
be more
more liberal
liberal - to
capture both
both past
past and
and more
more recent
recent
option would
would be
option
to capture
participants
participants licensed
licensedbefore
beforethe
thecontrol
controldate,
date,but
but did
did not
not meet
meet the
the proposed
landing criteria. Some
meeting felt
permit system
system should
should only
only
Some at the meeting
felt that the permit
applied to the south coast.
be applied
address issues
Staff will
will add
add details
details to
to address
issues such
such as
as 1) whether
whether permits
permits should be
vessels or
or individuals;
individuals; 2) renewal requirements; 3) by-catch
by-catch concerns.
concerns.
issued to vessels
Continue to
to collect
and reconmendations
from the
the public
Continue
collect comments
comments and
recommendations from
public and
and
review an updated draft of
of the plan
plan at
at aa future
future Developmental
Developmental Fisheries Board
Board
fall of
of2001.
200 1.
Bandon or
or Port
Port Orford,
Orford, fall
meeting in Bandon
Staff recommends
recommends implementing
implementingparts
partsof
ofthe
the plan
planbefore
before summer
summer of
of 2002
2002 when
the nearshore fishery
fishery is most active.
8
Oregon Dept.
Resonrces Program
Program
Dept. of Fish and Wildlife Marine Resources
Science Drive, Newport,
Newport, OR
OR 97391
97391
2040 SE Marine Science
Jim. Golden@lunsc.orst.edu
Jirn.Goldencäflimsc.orst.edu
541-867-4741
Figure 1.
1.
Figure
Oregon Commercial -vs- Estimated Recreational
Recreational Catches
Catches
Hook and
and Line Landing Trends
1,600
1,400
".
... ...
1,200
1T200
0
{Jt: 11,000
000 I
,
-._-~-_
....
....... ,
".
,
.....
....
".
,
-....
".
It'
-
800
0
600
0
til
0
b
0
0
00
.....
1
-- .. -
Recreational Fish
--Commercial
Commercial Total
Total.
-r
~ -+-- " Commercial Live
-- -e
... - Commercial
Commercial Fresh
:::l
0
0
a.
ci-
4.'
400
N
'-S
_. ..- - - . - - -.
200
-
- - ... - - - - - - -r· --
0
1994
1995
1996
1997
Year
1998
1999
2000
No. open access boats
boats landing groundfish with fixed gear - 1994-November 5, 1999.
No.
Period 11
Period
350 - , - - - - - - - - - - - - - - - - - - - - - - - 300
250
.>=1,000
m 500-999
0100-499
0<1001bs
200
150
100
50
1
2
3
4
5
6
x
x
Years of Participation
No.
No. open access
access boats
boats landing
landing groundfish
groundfish with
with fixed
fixed gear
gear-- 1994-July
1994-July11, 2001.
Period 2
400 - , - - - - - - - - - - - - - - - - - - - - 350
+------------------~---
300-
300
250
.>=1,000
>=i,000
m500-999
500-999
0100-499
0<1001bs
0<100
lbs
200
150
1
100
50
1
1
2
3
4
5
6
7
8
Years of Participation
Figure
Figure 2.
2.
kco
kco NewFig2.xJs
NawFig2xls exit-enfty
Bxit·entry gnOlph
graph
Table 2
and Landing Characteristics
Vessel Counts and
Characteristics for Vessels
Vessels Participating in Live Groundfish Fishery During an Analysis
Analysis Period
Period
Number of Years Participating During Analysis Period
2
11
Characteristic
LE
OA
Total
LE
Categories
Vessel Counts by Live Groundfish Landing Volume Categories
67
pounds
7
<500 pounds
60
500-999
pounds
1
5
6
500-999pounds
1
5
6
>=1,000 pounds
3
10
13
13
Total
11
75
86
3
3
OA
2
2
0
o
2
4
Total
LE
OA
Total
9
9
11
1
1
2
4
4
15
15
4
17
32
1
1
13
13
15
1
1
25
28
28
Total
OA
LE
3
2
38
43
Total
10
10
71
2
18
30
10
81
12
50
68
131
161
Landing Volume for All Landing Volume Categories
Sum of Landing
31,465
43603
5,535 61,629
43,603
Live groundfish
12,138
67,164 164,104 292,319 456,423 181,777 385,413 567,190
80,492 486,081 376,607 87,010 463,617 897,322 283,299 1,180,621.
1,180,6211,679,518
Other groundfish
405,589
.1,679,518 450,801 2,130,319
All species
1,232,8011,637,8442,870,6451,065,840502,939
1,568,7792,138,4921,329,4963,467,9884,437,133
species
1,232,801 1,637,844 2,870,645 1,065,840 502,939 1,568,779
2,138,492 1,329,496 3,467,988 4,437,133 3,470,279 7,907,412
Sum of Landing
Landing Volume for Vessels With Live Groundlish
Groundfish
24,581
Live groundfish
10,579
35,160
Other groundfish
34,615 256,223
221,608
All species
79,659 747,603
species
667,944
Notes: 1.
1.
Notes:
2.
3.
4.
5.
6.
7.
Landings Greater Than 500 Pounds
Pounds
4,545 59,684
64,229 164,018 290,796 454,814 179,142 375,061 554,203
267,248 73,146 340,394 819,548
819,548. 282,644 1,102,192 1,308,404 390,405 1,698,809
854,263 399,116 1,253,379
1,253,379 1,924,106 1,320,022 3,244,128 3,446,313 1,798,797 5,245,110
and 2001
2001.
The analysis period is 1999, 2000, and
2001 through
through July
July 1,
1,2001.
or beginning
beginning with "ZZ."
"ZZ." There
Therewere
wereseveral
several"ZZ"
"ZZ"referenced
referencedvessels
vesselsthat
thatdelivered
deliverednorthern
northern
Excludes vessels with
with identification of "NONE" or
"ZZ" type
type vessels
vessels are
are generally
generally vessels
vesselsdelivering
deliveringunder
undertreaty
treatyIndian
Indianallocations.
allocations.
rockfish during each
each period
period year.
year. "ZZ"
Vessels
Landings for
Vessels are
are included
included ifif they
they made
made at
at least
least one
one live
live groundfish
groundfish fishery
fishery landing
landing inin Oregon.
Oregon. Landings
for these
these vessels
vessels include
include deliveries
deliveriesto
to oth
oth
states.
Live
Live groundfish
groundfish fishery
fishery is defined to be PFMC groundfish species plus specified miscellaneous and non-PFMC
non-PFMC groundfish
groundfish fish
fish species
species with
with aa
disposition code
eventual human
human consumption."
consumption." The
Themiscellaneous
miscellaneousspecies
specieswere
wereselected
selectedto
to include
include those
those that
that had
had
code for "landed
"landed live for eventual
greater than
than 500
500 pounds
pounds landing
landingvolume
volume in
in any
any year
yearduring
duringthe
the analysis
analysisperiod.
period. For Oregon,
Oregon, this
this includes
includes landings
landingsof
ofgreenling.
greenling. Greenling
Greenling
database.
is a PFMC managed species,
species, but is coded
coded for Oregon
Oregon landings as a miscellaneous fish
fish in the PacFIN database.
LE
inclusive of
ofall
all endorsements,
endorsements, in
in any
any year
year of
ofthe
the period.
period.
LE criteria
criteria are
are vessels
vessels having
having a federal
federal limited entry permit, inclusive
Landings
overages, etc.
Landings exclude
exclude non-EEZ
non-EEZ catch
catch area,
area, tribal
tribal allocations,
allocations, violations, averages,
Landing
of the
the round
round pounds
pounds landed during
dUring any of the analysis period
Landing volume
volume categories
categories for vessel
vessel counts
counts are
are the
the maximum of
period years.
years.
partial 2001
2001 (through
(through July
Data
PacFIN September
September 2001, Years
Data Extraction:
Extraction: PacFIN
Years 1999
1999-- partial
July 1)
1)
of live,
live, EEZ
EEZ groundfish
groundfish in
in Oregon
Oregon (AGID=O;
(AGID=O; disposition=F;
disposition=F; species summaryl=1
summary1=1 or
orSPID=
SPID=
Filter: Vessels
Vessels that
that landed
landed any
any amount
amount of
..')
MSC2,
MSC2, WEEL,
WEEL, or
or MISC;
MISC; PERMID="OA"
PERMID="OA"or
or"LE"
"LE"(except
(exceptfor
formisc.
misc.species)
species); ;DRVID<>"NONE"
DRVIDo"NONE" or "ZZ
"ZZ..")
October26,
26, 2001
2001
Analysis Date: October
NewTable2.xls vessel-live
vessel-live
kco Newjable2.xls
Table 33
Vessel Trips for Landings
an Analysis
Analysis Period
Period
Landings in Live Groundfish Fishery by Volume Categories During an
1999
Live Groundfish Species
Count
Trip
Trip
Average
Trip Sum
Sum Average
Vessels
Vessels Landing
Landing <500 Pounds
Pounds of Live
Live Groundfish
Groundfish
24
Cabezon
Miscellaneous fish
27
Lingcod
25
0
0
Nor. unsp. nearshore rockfish
Unsp. rockfish
30
79
102
73
0
105
Vessels Landing 500-999 Pounds of Live Groundfish
Cabezon
6
53
5
5
Miscellaneous fish
54
Lingcod
7
7
28
Nor.
rockfish
0
Nor. unsp.
unsp. nearshore
nearshore rocklish
0
0
Unsp.
Unsp. rockfish
6
53
Groundfish
Vessels
Vessels Landing
Landing >=1,000
>=1 000 Pounds of Live Groundfish
Cabezon
40
1,311
39
Miscellaneous fish
1,476
Lingcod
40
798
Nor.
unsp. nearshore rockfish
0
Nor. unsp.
0
0
Unsp. rockfish
Unsp.
40
1,505
2001p
2000
3.3
3.8
2.9
3.5
8.8
10.8
4.0
8.8
32.8
37.8
20.0
37.6
Trip
Trip
Trip Sum
Sum Average
Trip
Average
Count
Count
Trip Sum
Average
Trip
Sum Average
42
31
23
32
0
167
150
60
119
0
0
4.0
4.8
2.6
3.7
26
22
13
22
0
0
62
67
29
45
0
2.4
3.0
2.2
2.0
6
5
5
4
4
6
0
0
85
84
24
94
0
14.2
142
11
11
16.8
6.0
15.7
15.7
11
11
11
0
127
129
129
59
118
0
11.5
11.5
11.7
5.4
10.7
40
39
36
39
0
1,356
1,418
513
1,322
0
33.9
36.4
14.3
33.9
42
42
39
42
0
1,196
1,298
493
1,212
0
0
28.5
30.9
12.6
28.9
Notes:
1.
Notes: 1.
2.
1999, 2000,
The analysis period is 1999,
2000, and
and 2001
2001 through
through July
July 1,2001.
1,2001.
Excludes vessels
There were
were several
several "ZZ"
"ZZ" referenced
referenced vessels
vessels that
that delivered
delivered
vessels with
with identification
identification of "NONE" or beginning with
with "ZZ." There
"zz" type
type vessels
vessels are
are generally
generally vessels
vessels delivering
delivering under
under treaty
treaty Indian
Indian allocations.
allocations.
northern
northern rockfish
rockfish during
during each
each period
period year.
year. "ZZ"
3. Table
Table 1 notes
notes defining
defining live groundfish fishery apply to this table..
table.
4. Trips cannot be summed across species because multiple species can be
be landed
landed in
in one
one trip.
5. A trip is estimated by a fish
fish ticket. This
Thiscan
can be
be an
an overcount,
overcount,because
because more
more than
than one
one ticket
ticket can
can be
be issued
issued per
per delivery.
delivery.
2001 (through
(through July 1)
Data
PacFIN September
September 2001,
Years 19991999 - partial
partial 2001
Data Extraction:
Extraction: PacFIN
2001,Years
Filler:
Vessels that
that landed
landed any
any amount of live, EEZ
EEZ groundfish in Oregon (AGID=O; disposition=F;
Filter: Vessels
disposition=F; species
species summary1=1
summaryl=1 or SPID=
PERMID="OA" or
or "LE"
"LE" (except
(except for
for misc,
misc. species)
species) ;; DRVID<>"NONE"
DRVID<>"NONE" or
or "ZZ..")
"ZZ..")
MSC2, WEEL, or MISC; PERMID="OA"
2001
Analysis
October 26,
26, 2001
Analysis Date:
Date: October
kco NewTable3.xls
NewTable3.xlslive-trips
live-trips
kco