statement on Senate
Senate Bill
Bill 117
117
Statement
I am
am Bob Schoning,
Schoning, Director
Director of
of the Fish
Fish Commission of Oregon,
Oregon, and
and am speaking
I
in
in that
that capacity.
capacity.
Our department
department conducted
conducted a lengthy
lengthy study
the commercial
laws
Our
study of
of the
commercial fishery
fishery laws
of
Oregon.
of Oregon.
The extensive recommended
recommended changes were enacted
into law
law by
by
enacted into
the 1965
1965 legislature.
legislature.
the
one-third.
one-third.
This
fishing laws
laws by
by about
This reduced
reduced the
the commercial
commercial fishing
about
For
For aa combination
combination of
of reasons,
reasons, nothing
nothing was
was done
done with
with oyster
oyster
laws at
time.
laws
at that
that time.
There
18 sections
relating to
in
There are
are about
about IS
sections relating
to oysters
oysters in
the commercial
commercial fishery
fishery laws
laws at
at the
the present
present time.
time.
the
Some
these are
are unclear,
unclear,
Some of
of these
obsolete, difficult
difficult to
to enforce
not In
In the
best interests
Interests of
obsolete,
enforce or
or not
the best
of oyster
oyster
growers or the
the state.
state.
Senate
117 was
was introduced
introduced at
at the
the request
request of
of
Senate Bil
BillI Ill
an effort
effort to
to improve
improve these
these laws.
laws.
our department
department in
in an
our
are presently
presently raised
raised commercially
commercially in
in tour
four areas
areas in
in Oregon.
Oregon.
Oysters are
Oysters
are
Netarts, Yaquina
Yaqulna and
and Coos
Coos Bays.
Bays.
are Tillamook,
Tiliamook, Netarts,
They
They
Although all
al I of
of the
the oyster
oyster
Although
land in
in these
is not under
under active cultivation
cultivation and
and production
production at
at this
this
land
these bays is
time,
is about
time, the
the total
total acreage
acreage according
according to
to various
various records
records is
about 3,700 for
for
Tillamook Bay,
1,300 for
for Netarts
Netarts Bay,
Bay, 1,800
1,800 for
for Yaquina
Yaquina Bay,
Bay, and
and several
several
Bay, 1,300
hundred for
for Coos
Coos Bay.
Bay.
hundred
The production
production from
from all
all state
state lands
lands in
in Oregon in
in
The
1967
about $370,000
$370,000 to
to the
the grower.
grower.
1967 was
was about
about 48,000 gallons worth about
We think
think the
the oyster industry
industry is
is an important
Important one,
it can
can be
be made more
We
one, and it
so by
in the
by using new scientific
scientific techniques
techniques that
that are
are being developed
developed in
Newport Science Center
Center and
and elsewhere
elsewhere in
In the
the country.
country.
the law
law will
wil I also
also help.
help.
Needed changes
changes in
in
Needed
We believe
believe the
the Industry
Industry should
should be
be put
put on
on aa sound
sound
statutory basis,
basis, encouraged
encouraged to
to expand
expand and
and given
given incentive
incentive to
to do
do so.
so.
2.
2.
There are
are aa number
number of
of existing
existing problems
problems that
that relate
relate to
to present
present operations.
operations.
There
Based
review of
of the
the laws
laws and
and prior
prior Attorney
Attorney General
General opinions
opinions on
on
Based on
on our
our review
this subject,
it Is
is questionable
if anyone
legally claim
subject, it
questionable if
any one person
person may
may legally
claim or
or
hold
hold more than 50
50 acres of state
state land
land in
in Tillamook
Tillamook Bay
Bay as
as an
an oyster
oyster
plantation.
plantation.
However, according
to our
records and
However,
according to
our records
and those
those of
of the
the Tillamook
Tillamook
the approximate
approximate 3,700 acres of
in that
County Clerk,
County
Clerk, of the
of oyster claims in
bay, 4 persons have
have 3,000
3,000 acres
acres and
and 700
700 are
are not
not claimed.
claimed.
bay,
lapping
leasing of
lands.
lapping authority
authority on
on control
control and
and leasing
of oyster lands.
There is
is overoverThere
Presently,
Presently,
natural
beds are
are under
under Fish
Fish Commission
Commission jurisdiction,
jurisdiction, artificial
artificial
natural oyster
oyster beds
beds in
in Tillamook Bay
Bay are
are not
not subject
sUbject to
to any
any control
control other
other than
than aa bienbienbeds
nial claim
in other
nial
claim filing
filing with
with the
the County
County Clerk,
Clerk, and
and artificial
artificial beds
beds in
other
than Tillamook Bay
Bay are
are under
under control
control of
of the
the Division
Division of
of State
state Lands.
Lands.
than
The state receives
income from
leases of
lands in
in Yaquina
receives income
from oyster leases
of state
state lands
Yaquina
Bay
only.
Bay only.
There
total of
of about
about 80
80 acres
acres
There are eight
eight existing
existing leases
leases fora
fora total
for aa combined annual
annual fee
fee of
of about
about $925.
$925.
for
It does
receive income
income for
for
It
does not
not receive
the use by oyster growers of
land
the
of the several
several thousand
thousand acres of
of state land
elsewhere.
elsewhere.
We are
are proposing
proposing Senate
Senate Bill
Bil I 117
117 to
statutory frameframeto provide
provide the
the needed statutory
We
work to
to provide
provide for
for aa healthy,
healthy, growing
growing industry.
industry.
work
The bill
bil I has
has been
been
The
developed
help of
Lands, the Attorney
Attorney
developed with
with the help
of the Division
Division of
of State Lands,
General's
office, and
and the
the Fish
Fish Commission.
Commission.
General's office,
lands.
lands.
It appl
ies only to
to state
state
It
applies
In
and actively
actively
In my
my judgment
judgment the
the oyster
oyster growers
growers should welcome and
support this
this bill.
bil I.
support
business activities,
activities.
It
in their
legitimate
It was
was prepared
prepared to
to help
help them
them in
their legitimate
we
We are
are not
not dedicated
dedicated to
to any
any specific
specific wording;
wording; we
we
welcome suggestions
suggestions for
for improvement.
improvement.
welcome
willI not
I wil
not go into
into the
the specific
specific
I
details
details of
of the bill
bil I but
but wil
willI mention some
some of the
the highlights
highlights as we
we see
see them.
them.
3.
3.
I.
I.
It
I oyster
leasing of state
state lands
lands under
under the
the Division
Division of
of
it will
will put
put al
all
oyster leasing
State
State Lands
Lands for
for uniform
uniform and
and orderly
orderly administration,
administration, as
as that
that agency
agency
now
has responsibility
for all
al I other
other state
state land
land teasing.
leasing.
now has
responsibility for
2.
2.
The state
state will
receive an appropriate fee
fee for
for the private
private use
use by
by
The
will receive
oyster growers of state
state lands
lands for
for profit
profit and it
it will
will go into
Into the
the
oyster
common
school fund.
fund.
common school
The fee
fee will
wil I be
be negotiated
negotiated between
between the
the leasee
leasee
The
and the
of State
State Lands.
Lands.
and
the DivisIon
Dvislon of
3.
3.
Lease periods
In length,
length, unlike the present,
Lease
periods wil
willI be realistic in
present, to
encourage development.
development.
encourage
Present state
state land
land leasing
leasing laws
laws authorize
authorize
Present
leases up
99 years.
years.
leases
up to
to 99
The details
details of
of the
the leases
leases themselves
themselves and
and
The
obtaining them are
are covered
covered in
in existing
existIng Division
Division of State
State Lands
Lands
statutes
regulations of
of that
that agency.
agency.
statutes and
and administrative
administrative regulations
4.
4.
The
land must
in some
lease will
The land
must be
be in
some stage
stage of
of production
production or
or the
the lease
will be
be
revoked,
there are
are extenuating
extenuating circumstances.
circumstances.
revoked, unless
unless there
5.
5.
Present
I have
lease preferences
land on
Present operators
operators wll
will
have lease
preferences over
over the land
on which
they
growing oysters
oysters or
or have
have some
some type
type of
of claim.
claim.
they are
are presently
presently growing
6.
6.
Growers will
will have
have meaningful
leases from
from the
the state
state and
and they
they will
wil I have
have
Growers
meaningful leases
value.
value.
7.
7.
The public
public will
will have
have access
access to
to the
the lands
lands for
for hunting
hunting and
and fishing
fishing
The
as
long as
are not
not molested.
molested.
as long
as oysters
oysters are
8.
8.
The conflict
confl ict between
between current
current oyster leasing
leasing and
and growing
growing practices
practices
The
and
law wil
i.e., holding
holding aa lease
lease but
but not
and the
the law
willI be
be resolved,
resolved, i.e.,
not growing
growing
oysters on the land,
land, filing
fil ing more
more than
than one
one claim
claim for
for the
the same
same land,
land,
and claiming
claiming more plots
plots than
than permitted
permitted by
by law.
law.
and
4.
4.
9.
9.
statutes
which are Obsolete,
unclear, confl
icting, unrealistic,
unrealistic, and
Statutes which
obsolete, unclear,
conflicting,
difficult to enforce will
wil I be
be removed.
removed.
10.
10.
It makes
leasing aa matter
ic business
business and
and requires
requires
It
makes oyster
oyster leasing
matter of
of publ
public
the Division
Division of
Lands to
to contact
for recomrecomthe
of State
State Lands
contact the
the Fish
Fish Commission
Commission for
mendations
on the
the biological
biological aspects
aspects of
of leasing.
leasing.
mendations on
The
Fish Commission
Commission
The Fish
would
land for
leasing for
would comment
comment on
on the
the suitability
suitability of
of the
the land
for leasing
for oyster
oyster
culture
culture from
from the standpoint
standpoint of oyster production
production and
and conflict with
with
clam harvesting.
harvesting.
clam
II.
II.
It
and protection
protection of
of leased
leased land
land as
as private
private
It provides
provides for
for the
the marking
marking and
property.
property.
We urge
urge the
the passage
passage of
of Senate
Senate Bill
Bil I 117.
117.
We
FISH
FISH COMMISSION OF OREGON
February 28,
28, 1969
1969
February
DPL-50R
DPL-5OR