OREGON FOREGONJ $/~ Oregon Fish and Oregon Fish and Wildlife WildlifeCommission Commission C !vl N° elLA L IEXHIBIT ~ I I EXHIBIT October 11, 2002 I Fish Wildlife &WiIcilite1 Fish & SUBJECT Developmental Fisheries Program PRINCIPAL PRINCIPAL STAFF PERSON Patty Burke, Jean McCrae COMMISSION Adoption of permanent rules mies for the review of denials denials of Developmental Fishery permits and in the harvest program program for for some some developmental developmental fishery fishery species. species. ACTHtN ACTIN REQUESTED Phone: (541) 867-4741 867-4741 Phone: (541) DOCUMENTS ATTACHED 1. Agenda Item Item Summary 1. Agenda 2. Hearing Notice and Fiscal Impact Statement Statement 3. Staff Report 4. Draft Administrative Rules 5. Public Comments RELATED STATUTES ORS 506.109, 506.119, 506.129 RELATED RULES OAR Chapter 635, Division 006 ad and Division Director REDACTED FOR PRIVACY .A REDACTED FOR PRIVACY Attorney General M Director ' REDACTED FOR PRIVACY -- ='91;'<'-/o"""'=/2-.= __ =-Date_ _~'-I/',-.!>.!J....::O-f/-l.OL-=:?:=:::::'_ ~ _ _ Date (12 - () /-02 _ ,\ ,ttachrnent t t a c h men t 11 Agenda Item Summary BACKGROUND This item is the annual review of the the Developmental Developmental Fisheries Program for 2002 as as wel1 well as as proposed rule rule changes changes to to developmental developmental fisheries changes in the program procedures, and changes the harvest harvest program program for for some developmental fishery species. PUBLIC INVOLVEMENT • ISSUE 1 Adopt permanent rules fotthereview for the review ofdenials of demals .of of Developmental V.M.J"> 635-006-09 635-006-0910 Fisheries permits (OARs 10 and-0930) and -0930) ANALYSIS amending the the In May 2002, the Commission adopted temporary rules amending procedures to procedures to appeal appeal denials denials of of Developmental Developmental Fishery FisheryPermits. Permits. These temporary rules rules were adopted because because the the current current OARs OARs did did not reflect current State Laws Laws regarding contested case hearings and rules were needed to proceed with a pending appeal. The Developmental Fisheries Board held aa meeting meeting on August 26, 2002 at which which the Board did did not not have have aa quorum. quorum. Issues outlined in the staff report were discussed at this meeting. The The Developmental Fisheries Fisheries Board Board reviewed reviewed the the temporary temporary rules rules and and concurred with the revisions. OPTIONS Adopt, as permanent, the temporary rules rules established in May 2002, with additions suggested by Developmental Fisheries Fisheries Board members. 2. Noaction: action: status statusquo; quo;temporary temporaryrule rule expires expires and and reverts to the OARs 2. No May 2002. in effect before May I. 1. Option 1I STAFF Option RECOMMENDATION ISSUE 2 Allow year round season for commercial abalone fishery (OAR 635-006-0850(1)(a)(M)) ANALYSIS The permit holder has requested to change to to aa year-round year-round season season rather Smal1er landings over a longer than a May through through October October season. season. Smaller period of time would provide for a more stable market rather than larger landings landings flooding flooding the the market market over overaashorter shorterperiod periodof oftime. time. With an overal1 quota, the Board and staff feel all feel the the poundage can can be be landed any time without adversely affecting the resource. OPTIONS 1. Adjust the flat flat abalone abalone harvest harvest season season to to year-round. year-round. 2. Noaction: action: status status quo. quo. 2. No Option I. STAFF 1. RECOMMENDATION ISSUE 3 Convert the remaining trawl trawl permits permits for forspot spot prawn prawn to to pot pot permits permits by \ YH~~ 635-006-0850(1)(b)(C)) 635-006-0850(1)(b )(C)) 2004. (OAR ANALYSIS The spot prawn fishery has been under the Developmental Fisheries program Staffconducted a review of the program since since 1995. 1995. Staff the fishery fishery summarizing summarizing landings and effort in Oregon and management and research in other other states. Most states. Most prawn prawn landing landing into into Oregon come from off Washington with trawl gear. Staff recommended Developmental Fisheries Fisheries Board changing changing the the recommended to the Developmental Oregon spot spot prawn prawn fishery fishery to aa pot-only fishery fishery because of concems with with of concerns effort shifts from Washington, higher rates of (inch,ldingrockfish) rockfish) of bycatch (inchding with trawl gear, selectivity selectivity of trawl gear gear for for smaller, smaller, male male prawns, and consistency with Washington regulations. regulations. Members of the Board did not feel there was enough data from Oregon Oregon to to ofbusiness. draw conclusions from and were reluctant to put anyone out of They suggested reducing the number of trawl permits through attrition. OPTIONS 1. by 2004. 1. Convert all trawl permits to pot permits by 2. of trawl permits through attrition. 2. Reduce the number of 3. status quo, quo, number number of of trawl permit remains at 6. 3. No action: action: status STAFF Option 1. 1. RECOMMENDATION ISSUE 4 Adjust the gaper clam incidenthloatch provision to include poUnds (OAR 635-006-0850(1 )(b)(F)) ANALYSIS In 200 I, the 2001, the Commission authorized authorized an an incidental incidental catch catch of gaper gaper clams clams of January through June. The regulation was during the the closed season of adopted in terms of numbers numbers of of clams: clams: one gaper clam for every eight butter clams harvested. Since the the regulation was adopted, we have heard from several harvesters who express that it is easier for them to weigh their clams than it is to count them and would like the regulation expressed in terms of of pounds. OPTIONS I. Adjust the gaper clam incidental incidental catch regulation regulation to to reflect either numbers (one gaper clam per eight eight butter butter clams) clams) or pounds pounds (25 (25 pound of gaper clams clams per 100 pounds pounds of butter butter clams), clams), whichever whichever is is greater. greater. 2. Noaction: action:status statusquo, quo,incidental incidentalcatch catchisisin in terms terms of ofnumbers numbers only. only. 2. No STAFF Option 1. 1. RECOMMENDATION DRAFT MOTION I move to amend OAR Division 006 as proposed by staff m Attachment 4 [with the following changes EFFECTIVE DATE Upon filmg Attachment 22 Secretary of State NOTICE OF OF PROPOSED PROPOSED RULEMAKING RULEMAKINGHEARTNG* I-IEARING* A Statement of Need Need and Fiscal Impact accompanies this fonn. Oregon Department of ofFish Fish and Wildlife (ODFW) - Fish Division 635 and Division Division Agency and Administrative Rules Chapter Number Mike Lueck (503) 872-5272, Ext. 5447 5447 Rules Rules Coordinator Telephone 2501 SW SWFirstAvenue; O. Box 59;Portland, 59; Portland, OR 97207 97207 2501 First Avenue; P. P.O. Address Mt. Hood Hood Headquarters Headquarters Address Forestry Dept. - Mt. 10/11/02 8:00 a.m. 16400 Sandy, OR OR 97055 97055 16400 Champion ChampionWayWay Sandy, Fish and Wildlife Commission Date Hearing Date Time Location Hearings Officer Hearing Date Hem-log Time Location Hearings Officer Hearing Date Time Location Hearings Officer upon advance request? Are auxiliary aids for persons with disabilities available upon Yes X No RULEMAKING ACTION ADOPT: Secure approval of rule numbers with the Administrative Rules Unit prior to filing. filing. AMEND: OAR A1VIEND: OAR Chapter 635, Divisions 004, 006 REPEAL: Renumber: Secureapproval approvalofofrule rulenumbers numberswith withthe theAdministrative Administrative Rules Unit prior to Renumber: Secure to filing. filing. Amend and and Renumber: Renumber:Secure Secureapproval approvalofof rule rulenumbers numberswith withthe theAdministrative AdministrativeRules Rules Unit Unit prior prior to to filing. filing. Stat. 506,109 and 506.119 Stat. Auth.: Auth.: ORS 506.109 Other Authority Stats, Implemented: ORS ORS 506.129, 506.129, 506.450, 506.450, 506.455, 506.455, 506.460, 506.460, 506.465 Stats. Implemented: RULE SUMMARY Adopt of Developmental Developmental Fishery permits; change regulations regulations in the Adopt permanent permanent rules rules for for the review of denials of pro gram for for some some developmental developmental fishery fishery Species species recommended by the the Developmental Developmental Fishery Fishery Board; Board; harvest program add 33 nearshore nearshore species species to the developmental developmental species species list and develop develop aa harvest harvest program program for for the the nearshore nearshore add 33 fishery; amend regulations regulations for fish fishery fishery to to establish establish special special management management areas. areas. This fishery; and and amend for the ocean food fish notice was published in the the September September Oregon Bulletin. This refiling reflects change in in the the hearing hearing notice Oregon Bulletin. This refiling reflects only a change location. REDACTED FOR PRIVACY REDACTED FOR PRIVACY October 11,2002 11, 2002 ast Day for Public Comment Authorized Signer and Date Sharon M. M. Bird *The *The Oregon Oregon Bulletin Bulletin isis published published on on the the 1st 1st of of each each month month and and updates updatesthe therule niletext text found foundininthe theOregon OregonAdministrative AdministrativeRules RulesCompilation. Compilation. Notice Notice forms forms must be submitted to to 800 Sununer Summer Street NE, NE, Salem, Oregon 97310 by 5:00 pm on the 15th 15th day of of the preceding month unless the Administrative Rules Unit, Oregon State Archives, 100 Oregon 97310 unless this this deadline falls or legal legal holiday holiday when when Notice Notice forms forms are are accepted accepted until unti15:00 pm on on the the preceding preceding workday, workday. 920·1997 on na Saturday, Sunday or 5:00 pm ARC 920 - 1997 of State Secretary of STATEMENT OF NEED AND AND FISCAL FISCAL IMPACT A Notice of Proposed Proposed Rulemaking Rulemaking Hearing Hearing or or aa Notice Notice of Proposed Proposed Rulemaking Rulemaking accompanies accompanies this this form. form. Oregon Oregon Department Departmentof ofFish Fishand andWildlife Wildlife- Fish Division 635 Agency and Division Administrative Rules Rules Chapter Chapter Number Admimstrative In the the Matter of amendment amendment of of )) )) and 006 OAR Chapter 635, Divisions 004 and to the Developmental Fisheries relating to Program and the Ocean Food Fish fishery )) )) )) Statutory Authority, Statutes Implemented, of Need, Statement of Principal Documents Relied Upon, Statement of Fiscal Impact Statutory Statutory Authority: Authority: ORS 506.109 and 506.119 Other Authority: Statutes ORS 506.129, 506.129, 506.450, 506.450, 506.455, 506.455, 506.460, 506.460, 506.465 506.465 Statutes Implemented: Implemented: ORS Need for the Rule(s): of denials denials of of Developmental Developmental Fishery permits; change change regulations The rules are needed for the review of harvest program program for for some some developmental developmental fishery fishery species species recommended recommended by bythe theDevelopmental Developmental in the harvest nearshore species species to developmental species species list and develop develop aa harvest harvest Fishery Board; Fishery Board; add add 33 nearshore to the developmental list and program for for the nearshore nearshore fishery; fishery; and and amend amend regulations regulations for for the the ocean ocean food food fish fish fishery fishery to to establish establish program special management areas. Documents Relied Upon: Staff report report for Oregon Fish and Wildlife Commission Meeting of October 11, 2002 The Wildlife, Fish The above above document document is is available available for for public public inspection inspection in in the the Department Department of of Fish Fish and Wildlife, Fish Division, Division, Third Floor, Floor, 2501 2501 SW First Avenue, Avenue, Portland, Portland, Oregon, Oregon, between between 8:00 8:00 a.m. a.m. and and 4:30 4:30 p.m., p.m., on on normal working days, Monday through Friday. Friday. Fiscal and Economic Impact: Impact: Please see attached. Administrative Administrative Rule Rule Advisory Advisory Committee Committeeconsulted?: consulted?: No If not, why?: The The Developmental Developmental Fishery Board met and considered considered requests to to change change the the harvest harvest programs for developmental developmental fisheries fisheries species. species. programs for REDACTED FOR PRIVACY REDACTED FOR PRIVACY , Authorized Signer and Date q/3-0;;:L.. 9-13 O Sharon Sharon M. M Bird Administrative Rules Unit, Archives Division, Secretary of State, 800 Summer Summer Street Street NE, Salem, Salem, Oregon Oregon 97310. 97310. state, 800 ARC 925 - 1997 ARC 925-1997 Statement for the October 11, 11,2002 Fiscal and Economic Impact Statement 2002 Hearing Hearing in in the the Matter Matter of the Amendment of Rules Relating to the Developmental Fisheries Program and Ocean Food Fisheries Program and Ocean Food Fish Fish Fishery Fishery Fiscal and and economic impact: The oflocal local government and and the the Fiscal The proposed proposed rules rules will will affect affect state state agencies, units of proc!='ss for for the review review public, The rules rules are are needed needed to establish a permanent process public, respectively, respectively, as discussed below. below: The of denials change harvest regulations for certain certain developmental developmental fishery fishery denials of Developmental Fishery permits; to change species; species to the species; to to add add 33 33 nearshore species the developmental developmental species species list; list; and, and, to to establish establish special special management management areas for the ocean food fish fisheries. a. The only state agency which should be affected by adoption ofFish adoption of of these these rules rules is is the the Oregon Department of Fish and Nosignificant significantchanges changes from from the the current legislatively and Wildlife. Wildlife. No legislatively levels levels of ofthe the department's department's operations operations or or of the amendment amendment of of the rules recommended by the staff. staff. expenditures are expected as as a result of b. No Nounits unitsofoflocal localgovernment governmentare areexpected expected to to be be affected affected by these No significant significant changes changes from the b. these rules. rules. No operations or expenditures Current levels of current of any local agencies' operations expenditures are are expected expected as asaaresult result of of the the adoption adoptionof of these rules. c. The existing existing statutes statutes and and rules rules require require adoption adoption The public could be affected by the adoption of these these rules: rules: The and the of a list of developmental fisheries species, and the establishment establishment or or maintenance maintenance of of limited limited entry entry harvest systems for for the associated developmental fisheries. fisheries. For For this this hearing, hearing, ODFW ODFW staff staff proposes proposes several several issues be be considered by the State Fish and Wildlife Commission Commission toward toward prescribing prescribing aa developmental developmental fisheries fisheries nearshore ocean ocean food food fish fish species: species: program for several nearshore To add add the the thirty-three thirty-three new new species to to "Category "Category A" A" of of the thedevelopmental developmentalspecies specieslist. lit. (1) To To establish establish commercial commercialharvest harvest programs programsfor the 33 33 new new developmental developmental species. species. for the (2) To To re-establish re-establish area area management management for black rockfish, (3) To rockfish, blue blue rockfish, rockfish, and and establish establish area area management management for for (3) 33 33 new developmental fisheries fisheries species. species. To establish establish permanent permanent rules rules for for the review of denials (4) To denials of of developmental developmental fishery fishery permits permits that that are are (4) required to harvest developmental developmental fisheries species. Overall, Overall, the the developmental fisheries fisheries rules rules are are expected expected to to produce produce positive positive economic economic effects effects for for the the public public and and small business business both in the short run and in in the the long long run. run. Rules related to the limiting of of harvester harvester entry entry to to small additional costs particular fisheries can be viewed as imposing additional costs (in (in the the form form of permit permit fees) fees) on harvesters in the short short run, run, and and as as potentially excluding some some harvesters harvesters who who might might not not apply apply for for limited limited entry entry permits permits soon soon We do do not not have have specific specific information information or or models models to predict predict how many vessels might be be excluded excluded from from enough. enough. We ofthe the rules rules are are expected expected to to yield yield the nearshore fisheries by this rule. However, However, in in the the long long run, run, implementation implementation of fisheries, so so the the fisheries fisheries are are sustainable sustainable in in the the long long positive economic effects by controlling the development development of fisheries, tohelp help prevent preventthe the typical typical cycle cycle in in fisheries fisheries of ofboom. boom (as run. This isis intended intended to run. This (as aa virgin virgin stock stock is is fished fished down to maximum sustainable yield levels) and bust (when the the stock becomes becomes incapable incapable of of sustaining sustaining yields yields at at the initial initial level). exploitation level). If the developmental species the proposed species are added to the developmental species list, list, we we expect expect positive positive direct direct economic economic effects. effects. of the live fish fishery was about about 22 million million dollars dollars atat2001 2001 The current economic impact on on personal personal income income of estimate the harvest harvest levels levels and and prices. prices. We are unable to estimate the magnitude magnitude of of those those effects effects because because we we don't have enough information to predict harvest levels levels or associated associated revenues. revenues. Also, Also, ODFW ODFW staff staff is is concerned concerned that that enough several several of of the the species may be easily overexploited overexploited due due to to the the continuation continuation and and growth growth of of an an open open access access fishery fishery directed developmental fisheries fisheries program program that includes includes the species species proposed proposed for for addition addition to to directed towards towards live fish. fish. AA developmental the developmental species list will help maintain populations populations of nearshore nearshore species, species, and and increase the likelihood of creating fishery. creating a sustainable fishery. fully compatible compatible with with legislative legislative direction direction on on the the goals goals of of fish fish and and wildlife wildlife The rules rules are believed to be filly .,1anagement aanagement in Oregon. by these these rules are believed to be "small business" Most businesses affected by business." Attachment 33 Developmental Fisheries Program Staff Report Prepared for Oregon Fish and Wildlife Commission Portland, Oregon October 11, 2002 Summary of Staff Report Report ODFW staff is providing the annual review of the the Developmental Fisheries Program for for 2002 2002 as as well well as as proposed rule changes to developmental fisheries fisheries program procedures, procedures, and changes changes in in the the harvest harvest program program for some developmental fishery fishery species. elements and and conclusions conclusions from from the the staff staff report report are: Key elements • One One hundred hundred and forty forty permits permits for for the the harvest harvest of of developmental developmental fisheries fisheries species species have have been been issued issued in in Mostlandings landings of ofdevelopmental developmental fisheries fisheries species species have have been been as as bycatch bycatch in in 2002, through August. Most The sardine sardine fishery fishery may may be be closed closed by by NMFS because the the harvest other fisheries, except sardines. The guideline was reached. • Staff completed of the abalone research fishery and the spot prawn fishery, continued continued completed a review of participation in the planning process of a federal management plan for for migratory migratory species species (which (which includes swordfish), participated in PFMC pelagic species management team team meetings, meetings, participated in an international symposium on sardines, and collected samples samples and observed bycatch bycatch in the the sardine sardine fishery. • The Developmental Fisheries Board considered requests requests to to adjust the the harvest harvest program program for for flat flat abalone, abalone, The Board Board did not have a quorum to make formal recommendations, but but spot spot prawns prawns and and bay bay clams. clams. The suggestions. members provided suggestions. • The ODFW staff staff recommend: recommend: adopting permanent rules rules for for the the review review of denials denials of Developmental Fishery permits; regulation changes in the harvest program for some developmental developmental fishery fishery species species as as suggested by the Developmental Fishery Board; and a regulation change in the harvest harvest program program for for by the Developmental Developmental Fishery Fishery Board. Board. conservative than changes suggested suggested by spot prawns that is more conservative 1 Outline of Staff Report Report I. Introduction II. H. Annual Activities... Annual Report Report of of Developmental DevelopmentalFisheries Fisheries Activities .......................... Page 4 • Summarizes permits and landing activities of of developmental fishery species. • Summarizes research and management actifities of developmental fishery program III. IH. Staff Analysis of Issues Issues and Options - Recommendations . Page 4 Page 8 Issue L Adopt permanent rules for the review of denials of Developmental Fisheries Permits. OARs 635-006-0910 and -0930 Staffrecommends recommends the the Commission Commission adopt, as permanent, the (preferred) Staff May 2002. 2002. temporary rules established in May No action: status quo, quo, temporary temporary mie rule expires and revert to original OARs action: status OARs in effect before May 2002. Option A OptionB Option B Issue 2 Allow year round season for commercial abalone fishery. OAR 635-006-0850(l)(a)(M) Option A (preferred) Staff Staff recommends the Commission adjust the flat abalone harvest season to year-round. OptionB Option B No action: status quo. Issue 3 Convert the remaining trawl permits for spat prawn to pot permits by 2004. OAR 635-006-0850(1)(b)(C) Option A (preferred) Staff Staffrecommends recommends the the Commission Commission convert all remaining trawl permits for spot prawn to pot permits by 2004, changing the Oregon fishery to a "pot only" fishery. OptionB Option B Reduce spot prawn trawl permits through attrition by issuing no new permits when current permits are not renewed (suggested (suggested by by Board members). members). Developmental Fishery Board 2 OptionC Option C No action: status quo. Issue 4 Adjust the gaper clam incidental catch to include pounds. OAR 635-006-0850(1)(b)(F) (preferred) (preferred) Option A Staff recommends recommends the the Commission adjust the gaper clam per incidental catch regulation to reflect either numbers (one gaper clam per eight butter clams) clams) or pounds pounds (25 (25 pound pound of gaper gaper clams clams per per lOO 100 pounds pounds of butter clams), whichever is greater. OptionB Option B No action: status quo, incidental catch is in terms of of numbers only. only. Appendix A Flat Abalone Survey Report ....................................................................... Page Page A-I A-i Sardine Fishery Fishery 2001 2001 Summary ................................................ Page B-1 Appendix B Oregon's Sardine B-i AppendixC Report ......................................................................... Page Appendix C Spot Prawn Fishery Report Page C-l C-i Oregon Administrative Rules 3 I. Introduction 11,2002, staff staffwill will provide provide the the annual annual review review of of the ODFW ODFW For the hearing scheduled on October 11,2002, Developmental Fisheries Program and forward suggestions from Developmental Fisheries Board members of denials denials of of Developmental Fishery Fishery permits; make make changes changes in in to: adopt permanent rules for the review of the harvest program for some developmental fishery species; amend rules to add nearshore species to the developmental species list and develop a harvest program for the nearshore fishery; and amend rules reestablishing special management areas for black rockfish. II. AnnualReport Reportof ofDevelopmental Developmental Fisheries Fisheries Activities Activities IL Annual Permits ODFW staff of developmental fisheries species through through August, August, staff has issued 140 permits for the harvest of 2002 (Table 1). I). Of Ofthe the 120 120 permits permits issued issued in in 2000, 2000,36 were renewed for for 2002 (as compared to 33 the 36 were previous Remainingpermits permits for for three three fisheries fisheries (sardines, (sardines, bay clams, and spot prawns) previous year). year). Remaining prawns) were were issued issued through a lottery. All available available permits permits were were issued issued for seven fisheries (spot prawns, coonstripe shrimp, lottery. All abalone, bay clams, sardines, octopus, and hagfish). Landings Landings Landings of developmental fisheries fisheries species species through through August August 2001 2001 are are summarized summarizedin in Table Table 2.2. The maj ority of the landings of of developmental species were taken as incidental catch in other fisheries, with with majority the exception of hagfish and sardines. sardines. Through Through August, August, 11 11 vessels vessels have have landed landed over over40 40million million pounds pounds of of of the sardines into Astoria (compared with 28 28 million million pounds pounds for for aa season season total total in in 2001). 2001). Because of increased landings into Oregon and Washington, the National Marine Fisheries Service may may close close the of September September because the the sardine fishery off Oregon, Washington, and northern California before the end of harvest guideline was was reached. reached. Log Log records records through through August August show show 95% 95% of ofthe the landings landingswere weretaken takenoff off Six process9r processor are are buying sardines in Astoria, an increase from five in Oregon and 5% off Washington. Washington. Six 2001. The landing fees for species in all categories have generated approximately $50,598 into the developmental fisheries fund in 2002, through August. Research Sardines sardines in in Staff attended and summarized the 2001 sardine fishery at an international symposium on sardines Mexico. The The report report of ofthe 2001 fishery fishery is is attached attached as Appendix B the 2001 of sardines from the commercial harvest that will be analyzed for size, size, sex, sex, Staff collected samples of maturity, Samples worked worked up up through through August show a larger average size in the beginning of the maturity, and age. age. Samples season than last year (163 funding to (163 gm average, compared to 143 gm average in June, 2001). We lost the funding hire a seasonal for ride-along trips on commercial vessels to observe by-catch, but existing staff staff has made made 4 trips, Logbook records records summarized summarized through August (251 (251 trips) show bycatch of of 86 trips, through August. August. Logbook salmon (averaging 0.3 salmon/trip - 72% released alive) anchovies, herring, shad, mackerel, sharks, sharks, and and squid. Sardines sampled in 2001 and aged by California Dept. ofFish and Game showed a similar age squid. Sardines sampled in 2001 and aged by California of Fish composition as 2001; mostly 2-4 year olds with a range of 0-9 year olds. 4 Council Activity Pacific Fishery Management CouncilActivity the Pacific Fisheries Fisheries Management Management Council's Council's (Council) (Council) fishery fishery management management plan pian for for The third draft of ofthe highly migratory species species (which (which will will include include swordfish swordfish and and blue blue shark) shark) will willbe be reviewed reviewedby bythe the Council Council in in Staffparticipated participated in three team meetings, two public hearings, November. November. Staff hearings, and and two two Council Council meetings meetings in in the last year in the development process. Staff also participated in a Coastal Pelagic Pelagic Team Team meetings meetings to to prepare prepare the the 2002 2002 stock stock assessment assessment and and fishery evaluation document for coastal pelagic species and discuss issues related to the Pacific Pacific sardine sardine harvest guideline formula. Developmental Fishery Fishery Board BoardActivities Activities Developmental The Developmental Fishery Board held held one one meeting meeting in in 2002. 2002. The The Board Board did did not not have have aa quorum quorum of of voting voting members so formal recommendations could not However, the the participating participating members members reviewed reviewed not be be made. made. However, and the temporary rules for procedures procedures to to appeal appeal denials denials of of permits, permits, the the abalone abalone and and spot spot prawn prawi fisheries, and the nearshore fishery and provided feedback on staff staff recommendations. 5 1. 2002 Developmental Developmental Fishery Fishery Permits Permits (as (as of of9/6/021. 9/6/02). Table 1. Permits Allnwcgl Allowed 25 ha~fish Pacific hapflsh blue shark swordfish 10 10 other 20 lon~line longline 15 northern anchovy & herrinp Pacific herring & Pacific sardine & saurv Pacific saury sandfish Pacific sandflsh smelt Pacific yomfret nomfret slender sole Renewals Issued 25* frnm 711111 from 2001 I1 3 33 33 55 20* 20 15 10 20 box crab Oregon hair crab & & scarlet king crab & scarletkingcrab& QTooved grooved tanner crab spot shrimp 10 10 10 I1 25 15 10 33 6 trawl 10 other 10 coonstriped shrimp & coonstripedshrirnp& sidestrine shrimn sidestripe shrimp cockle clams (ocean) bay clams ~iant octopus octonus giant California market squid other squid sauid sap. snn. fragile urchin sea cucumber snails marine snails shrimn brine shrimp flat abalone flatabalone Permits I 5 10 5 10 30 30 66 66 66 10 10 10 33 11 coastwide south coast 33 6* 10* 10* 4 10* 10* 5* 5* 10* 10' 8S 22 I1 4 trawl other trawl other trawl diver other 33 I I I total . * all all available available permits issued 6 I I1 1* 1* I1 I 140 36 Landings of ofdevelopmental developmentalfisheries fisheries species, species, by by category, category. through August. August 2001 Table 2. Landings Category A Pacific hagfish blue shark swordfish northern anchovy Pacific herring Pacific sardine Pacific saury Pacific sandfish smelt Pacific pomfret slender sole box crab Oregon hair crab scarlet king king crab crab grooved tanner crab spot shrimp coonstriped shrimp sidestripe shrimp flat abalone butter clams cockle clams gaper clams littleneck clams softshell softsheli clams giant octopus Calif. market market squid Calif other squid spp. fragile urchin sea cucumber marine snails brine shrimp brine_shrimp Pounds 401,892 575 - 2,886 21,552 36,729,613 - CategorY B salmon shark black hagfish Eelpouts skilfish carp yellow perch brown bullhead northern squawfish Pounds - - - - 5,339 - euphausiids (krill) Pacific sand crab freshwater mussels - 3,526 - 646 3,376 39,208 2,236 1,586 23,197 78,222 4,115 101 710 46,788 4,384 Category C spiny dogfish soupfin shark skate American shad Pacific cod Pacific flatnose Pacific grenadier cabezon sculpins kelp greenling jack mackerel & & Pacific mackerel greenstriped rockfish redstripe rockfish shortbelly rockfish rockflsh sharpchin rockfish splitnose rockfish Pacific sanddab butter sole English sole rex sole rock sole sand sole lemon sole spotted ratfish wolf-eel walleye walieye pollock Pounds 10,952 207 808,219 58,125 42,540 red rock crab purple sea urchins crayfish 912 410 48,215 111,688 68,655 1I 759,010 42,383 42 383 251,358 72 685,861 451,017 13,101 181,082 6,074 1,618 9,872 - - 35,000 grand tutal total A 7 40,956,321 StaffAnalysis Analysis of of Issues Issues and and Options Options - Recommendations III. Staff The full full text text of ofproposed proposed rule rule changes changes is is attached attached as The following discusses staff recommendations. recommendations. The Attachment 4. Issue 1. Adopt permanent rules for the review of denials ofDevelopmental Fisheries Permits. (OAR 635-006-09 10 and 0930) Issue 11 Issue In May 2002, the Commission adopted temporary rules amending the procedures to appeal denials of of These temporary temporary rules were adopted because the current OARs did not Developmental Fishery Permits. Permits. These reflect current State Laws regarding contested case hearings and rules were needed to proceed with a pending appeal. The Developmental Fisheries Board reviewed the temporary rules and they concurred with the revisions. Option A: (preferred) Staff Staffrecomnends recommendsthe theCommission Commissionadopt, adopt,as aspermanent, permanent, the the temporary temporary rules rules established in May 2002. Option B: those in in effect effect in in May May No action: status quo, temporary rule expires and OARs revert to those 2002. Issue 2 Allow year i ound season foi commercial abalone fishery (OAR 63 5-006-08 50(1)(a)(M)) Issue Issue 2 2 authorized one one permit permit to to commercially commercially harvest harvest flat flat Beginning with the 2001 season, the Commission authorized Thepermit permitwas was allowed allowed providing providing the the harvester harvester conduct conduct density density surveys surveys and provide samples abalone. The report summarizing summarizing data data collected collected in in 2001 2001 is is attached attached as Appendix Appendix A. A. for maturity studies. AA report The permit holder has requested to change to a year-round season rather than a May tbrough through October season. He He feels feels smaller smallerlandings landings over over aa longer longer period period of of time would provide for aa more stable market season. rather than larger landings landings flooding flooding the the market market over over aa shorter shorter period period of of time. time. With an over-all quota, the Board members and staff staff feel the poundage can be landed any time without affecting the resource. 8 Option A: (preferred) season to to recommends the Commission adjust the flat abalone harvest season (preferred) Staff recommends year-round. Option B: No action: status quo. Convert the remaining ti awl perm its for spot prawn to pot permits by 2004. (OAR 635-006-0850(1 )(b)(C)) Issue Issue 3 3 Staffconducted conducted The spot prawn fishery has been under the Developmental Fisheries Fisheries program program since since 1995. 1995. Staff of the fishery summarizing landings and effort in Oregon and management a review of management and and research research in other states. The report report is is attached attached as as appendix C. states. The In Oregon, Six permits are issued issued for for trawl trawl Oregon, commercial fishing for spot prawns prawns is is allowed allowed year-round. year-round. Six gear and ten for pot gear. Annual renewal requirements requirements are five landings of of at least 100 pounds or or one one gear. Amival landing of 1,000 pounds, round weight. weight. "Fisheye" excluders must be be used on trawl trawl gear. gear. Since Since 1993, landings have ranged from from 8,000 8,000 pounds pounds to to 137,000 137,000 pounds, pounds, with with 70-100% 70-100% landed landed by trawl trawl ofthe the prawns prawns landed landed in in Oregon Oregon have have been been harvested harvested in in Oregon Oregon waters. waters. However, only onlyabout about20% 20%of gear. However, Most are caught off Washington, Washington, with with aa small small amount amount coming coming from fromnorthern northernCalifornia. California. Prawns harvested off off Oregon are found in a few, few, small, well-defmed well-defined areas, areas, characterized by by aa high high relief rock bottom in 90- 125 125 fin. frn. Spot prawns prawns are protandric hermaphrodites, hermaphrodites, they they all all start start out out as as males males and and then then transition transition into into females females as as they get older. Researchdata datafrom from University University of ofWashington Washington show show aa difference difference in in the size size of ofprawns prawns older. Research caught by pot and trawl gear. Trawl Trawl gear gear harvested harvested smaller smaller (male) (male) prawns while while the pot pot gear gear harvested harvested larger (female) prawns. ofFish The California Department of Fish and Game recently completed aa two-year two-year observer observer program program on their their trawl and pot spot prawn fisheries. Data show show a much higher bycatch with trawl fisheries. Data trawl gear gear (90%) (90%) than than with with pot pot gear (50%). (5 0%). Currently California has has a limited entry system system for for pot pot gear gear and and isis exploring exploring methods methods (gear/area/season (gear/area!season restrictions) to reduce bycatch with trawl gear. The Washington Department of ofFish of Fish and Wildlife feel their prawn stock is stable and capable of However, they they have have concerns concerns regarding regarding the the degradation degradation of ofhabitat habitat by by supporting current harvest levels. However, trawl gear. They introduced introduced new new regulations for 2002 converting all gear. They all spot spot prawn prawn trawl trawl permits permits to to pot pot by 2003. permits by Staff recommended to the the Developmental Developmental Fisheries Fisheries Board changing the the Oregon spot prawn prawn fishery fishery to a potonly fishery fishery by by allowing allowingthe the trawl trawlvessels vesselstotofish fishwith withtrawl trawlororpot potgear gearfor forone oneyear yearand andthen then converting converting to to pot pot gear. The Themain main reasons reasons were: were: gear. 1. Increased trawl pressure in Oregon Oregon may may result when Washington closes to prawn prawn trawling trawling in 2003. 2. Trawl gear selectivity is is biased biased toward toward the smaller male prawns. 3. Oregon does does not not have have the the productive productive prawn prawn area area to to support supportincreased increased trawl trawl activity. activity. 9 of trawl trawl bycatch compared compared with with pot potgear. gear. High rates of competition in in Oregon's Oregon'ssmall small prawn prawn areas areas prevents prevents pot potgear gear from from being being fished. fished. Gear competition to limit limit trawl footrope footrope si2e size and reduce habitat habitat damage damage in in areas areas Consistency with PFMC action to is also also concern concern for for long-lived long-lived sponges sponges and and corals. corals. important to to juvenile juvenile rockfish. rockfish. There There is important Other states, states, particularly particularly Washington, 7. Other Washington, have have moved in that direction, direction, and there is is merit in maintaining maintaining state-to-state management. uniformity in state-to-state draw conclusions and and were were Members of the Board did not feel there was enough data from Oregon to thaw They suggested suggested reducing reducing the number of of trawl permits through reluctant to put anyone out of business. They ofthe prawn trawl trawl industry industry indicated indicated there may be only two trawl vessels working off attrition. Members of attrition. Members the prawn Staffagreed agreed reducing reducing the trawl permits to two would reduce concerns regarding Oregon next year. year. Staff of small prawns by trawl gear increased trawl effort, however staff staff still believe that the harvest of ofOregon Oregon prawn prawn populations and and that that habitat habitat damage damage from from prawn prawn jeopardizes the long-term long-term productivity productivity of trawls in these deepwater coral and sponge habitats is a serious concern. 4. 5. 6. Option A: (preferred) Staff Staff recommends the Commission convert all all remaining remaining trawl trawl permits permits for for spot spot fishery, and prawn to pot permits by 2004, changing the Oregon fishery to a "pot only" fishery, issuing no new pot gear permits until the total falls below 10. Option B: when current current Reduce spot prawn trawl permits through attrition by issuing no new permits when (suggestedby by Developmental Fishery Board Board members). permits are not renewed (suggested Option C: permits remains remains at at 6, 6, with with lO 10 permits permits issued issued for for No action: status quo, number of trawl pernlits harvest by other gear. issue 4 Adjust the gaper clam incidental catch to include pounds. (OAR 635-006-0850(lXb)(F)) Issue 4 In 200 l, the 2001, the Commission authorized an incidental incidental catch catch of of gaper gaper clams clams during during the the closed closed season season of of January through June. The initial initial recommendation recommendation had been to set set the incidental catch allowed in terms of June. The 25 pounds pounds of ofgaper gaper clams clams for for each each 100 lOO pounds of of butter clams OSP felt felt aa count of of clams pounds: 25 clams landed. landed. OSP Therefore" the would be easier to enforce because harvesters harvesters may may not not have have scales scales on on their their vessels. vessels. Therefore, of numbers of clams: one gaper gaper clam clam for for every every eight butter clams regulation was adopted in terms of clams; one harvested. Since the regulation was adopted, we have heard from several harvesters who express that it is is easier easier for for clams than than itit is is to to count count them them and and would would like like the the allowable allowable incidental incidental catch catchto to be be them to weigh their clams of pounds. expressed in terms of Staff recommends the regulation be adjusted to reflect both numbers or pounds, whichever allows the the of gaper gaper clams. greater incidental catch of 10 Option A: (preferred) (preferred) Staff recommends recommends the the Commission Commission adjust adjust the the gaper gaper clam clam incidental incidental catch catch regulation to reflect both numbers (one gaper clam per eight buffer butter clams) or pounds (25 (25 of gaper clams per 100 pounds of butter clams), whichever allows a greater pound of pounds butter clams), whichever allows a of gaper clams. incidental catch of Option B: status quo, incidental catch is measured in terms of No action: status of numbers only. 11 IIT1 Attachment 4 Attachment 4 /" DIVISION 006 permits for harvest by floating longline and 10 10 permits for COMMERCIAL FISHERIES COMMERCIAL COMMERCIAL GEAR; GEAR; LICENSES, LICENSES,POUNDAGE POUNDAGE FEES, REPORTS RECORDS AND AND REPORTS gear. Specially Speciallyadapted adapteddrift1gill drift/gill net may be harvest by other gear. permitted. Experimental gear permits may be required. Five single-delivery permits will be issued to those who applied Developmental Developmental Fisheries Fisheries Program Program by annual filing date, but did not receive a Developmental 635-006-0850 Fishery Permit. Gill net gear must conform to California Califonria Developmental Fisheries Species List gear restrictions; (1) The The Developmental Developmental Fisheries Fisheries species, species, permit and (I) (D) (I)) Northern anchovy (Engraulis mordax) and Pacific and landing requirements for renewal gear restrictions, and pallasi) fishery fishery has has aa qualifying qualifying and annual herring (Clupea pallasi) of Category A permits are are as as follows: follows: requiryment of of either five landings landings consisting of of at renewal requirement (a) FISH least 500 pounds each landing or one landing consisting consisting of (A) Pacific hagfish (Eptatretus stouti) stauti) fishery fishery has a 15 permits for ocean at least 5000 pounds. There are 15 of five landings. qualifying and annual renewal requirement of harvest. Specially adapted small mesh drift/gill net may be There are25 of which wlrich there are no are 25 pem-tits permits for harvest of no trawl trawl permitted. No permit is is needed for hand lines lines or or hand hand pennits; permits; harvest. Experimental gear permits may be required; (B) glauca) fishery has a (B) Blue shark (Prionace (Prionace glauca,) (E) Pacific sardine (Sardinops sagax) and Pacific qualifying qualifying and annual renewal requirement of of either five saury (Cololabis saira) fishery has has aa qualifying and annual saira) fishery landings landings consisting consisting of at least 500 500 pounds pounds each landing landing or or requirement of of either either five five landings landings consisting consisting of of at at renewal requirement one one landing landing consisting of at least 5000 pounds. pounds. There There are are 10 least 500 pounds each landing landing or one one landing landing consisting consisting of of permits for harvest of ofwlrich which there are no lrigh high seas seas drift net at least 5000 pounds. pounds. There are 20 permits permits for for ocean ocean pemtits mesh gill gill net net permits. No No permit permit is is permits and no large mesh small mesh drift/gill net may be harvest. Specially adapted small needed for hand lines or hand harvest. Experimental gear pem-titted. perntitted. Experimental gear permits may be required; pennits may be required; permits (F) Pacific sandfish (Trichodon trichodon) fishery fishery has fishery has a qualifying (C) Swordfish (Xiphias gladius) fishery a qualifying and annual renewal requirement of five five and of either five landings and annual annual renewal requirement of landings. 10 permits for harvest of ofwlrich landings. There are 10 which there are consisting of at least 500 pounds each landing or one and no trawl trawl permits, permits, however, limited linrited no dredging permits and landing consisting of of at least 5000 pounds. Permits are valid of experimental gear permits may be issued for numbers of flom February February 11 for and renewal requirements are are calculated calcnlated from Pennits are area area specific. specific. Experimental gear gear trawl harvest. Permits of the following year. There are 20 through January 31 of 11-- Div. 006 (Chianoecetes tanneri), (B) Grooved tanner crab (Chionoecetes pemnts pemrit is is needed needed for for hand hand lines lines perntits may be required. No permit or hand harvest; mulitspina) and and scarlet scarlet king king Oregon hair crab (Paralomis inulitspina) (G) Eulachon whitebait smelt (U) Eulachon (Thaleichthys (Thaleichthyspacificus), pacijicusj whitebait crab (Lithodes couesi) fishery has a qualifying and annual (Allasmerus starkst), (Allosinerus elongatus), elongatus), night smelt (Spirinchus starksO, renewal requirement of five landings consisting of renewal of at least longfin and surf surf smelt smelt longfln smelt (Spirinchus thaleichthys) and 100 100 pounds pounds each landing. landing. There are 10 pemrits permits for harvest (Hypomesus (Hypoinesus pretiosus) pretiosus) fishery has a qualifying and annual with pots only; (e) Spot prawn (Pandalus platyceros) fishery has a (C) of five landings consisting consisting of of at least least renewal requirement of 100 pounds each landing. pemrits for ocean ocean landing. There are 20 permits qualifying qualifying and and annual annual renewal renewal requirement requirement of five five landings landings harvest of of which wbich there there are are no no trawl permits, pennits, however, limited consisting consisting of at least 100 pounds (round weight) each nunlbers numbers of experimental gear permits may be issued for of at least 1000 1000 pounds. landing or one landing consisting of trawl harvest. Specially adapted small mesh drift/gill net 2002. new trawl gear gear will will not not be be issued issued After 2002, new permits for trawl may be pemritted. permitted. No No pennit permit is is needed needed for for hand hand lines lines or or and trawl permits may be renewed as pot permits. After hand harvest. harvest. Experimental gear permits pemnts may be required; 2003. permits uo new 2003. permits will will be be issued issued for for pot pot gear ouly; only; no fishery has a (H) Pacific Pacific pomfret pomfret (Bramajaponica) (Brainajaponica) fishery permits will number of of permits issued issued will be be issued issued until until the ntunber qualifYing qualifying and and annual annual renewal renewal requirement of five five landings landings is below 10, after after which there may continue below 10. conl:inue to to be 10 each landing. landing. There There are are 10 10 consisting of at least 100 pounds each permits. [There [There are are six sixpermits pemrits for for harvest harvest by by trawl trawl gear gear and and permits. pemrits permits for harvest. harvest. Experimental Experimental gear pemrits pennits may be 10 10 pemrits permits for for harvest harvest by by other gear.] gear.] Pemrils Permits are area required; may be required. required. specific. specific. Experimental gear pemrits pennits may Pemrits are issued geographically, split split at at Heceta Heceta Head Head with with Permits (I) Slender sole (Eopsetta exilis) exilis) fishery has a qualifying and and annual annual renewal renewal requirement of five five landings landings qualifYing 50 percent issued north and 50 percent issued south of 10 consisting of at at least 100 pounds each landing. There are 10 Heceta Head, until after the date date of of the the lottery; lottery; (ID)eoonstripe Coonstripeshrimp shrimp(Pandalus (Pandalus danae) danae) and and (D) pemrits pemrits may be permits for harvest. harvest. Experimental gear permits sidestripe sidestripe shrimp shrimp (Pandalopsis (Pandalopsis dispar) fishery has a required. (b) (b) INVERTEBRATES qualifying qualifying and annual renewal requirement of five landings foraminatus) fishery fishery has (A) Box Box crab crab (Lopholithades (Lopholithodesforaininatus) consisting consisting of at least 100 pounds (round weight) each a qualifying qualifying and and annual annual renewal renewal requirement requirement of five five landings landings 10 permits pemrits for for harvest harvest by by pot pot gear; gear; landing. There are 10 (E) (B) Ocean Ocean cockle cockle clams clams (Clinocardium (Clinocardiuin nuttallii) lauding. There There are are 25 25 consisting of at least 100 pounds each landing. pernrits for harvest with pots only; only; permits fishery fishery has has aa qualifying qualifying and and annual annual renewal renewal requirement requirement of of five 100 pounds each each landing landing. five landings landings consisting of of at least 100 )iv. 006 2 - Div. 21 (H) (H) California market squid squid (Loligo (Loligo opalescells) opalescens) and There are five permits for ocean harvest only. No permit is needed for hand lines or hand harvest. Experimental gear other squid (several species) fishery has a qualifying and permits may be required; annual annual renewal renewal requirement of either five landings (F) Bay clams including cockle clams (Clinacardium (Clinocardiutn consisting of at least 500 pounds each landing or one nuttallii), butter butter clams clams (Sasidonus (Saxidanus giganteus), giganteus), gaper gaper clams clams landing consisting consisting of at least 5000 pounds. There are 30 (Tresus (Tresus capas, capas, nuttallii), nuttallii), native littleneck clams clams (Protothaca (Protothaca permits permits for for harvest using trawl gear gear and and 30 permits for for stamiTies), and softshell clams fishery has no stanunes), clams (Mya (Mya arenaria) arenaria) fishery harvest using other gear types. types. Experimental gear permits permits intertidal qualifying and annual renewal requirements for intertidal may may be be required. required. Permits are issued geographically, split at of permits, and and aa $25 $25 hand harvest, an unlimited number of with 50 percent issued issued north north and and 50 50 percent percent Heceta Head with permit fee. fee. There are 11 11 permits (individual or vessel) for issued south of Heceta Head, until after the date of the 1997-December subtidal dive harvest, effective March 18, 1997-December lottery; (1) Fragile urchin (Allocentrotusfragilis) (Allacentrotus fragilis) fishery fishery has aa (I) 31, 1997, and 10 permits thereafter for statewide harvest and of Heceta Heceta Head. Head. Qualifying Qualifying five permits for harvest south of qualifying and annual renewal requirement of of five landings landings qualifying requirements requirements are either five landings consisting consisting of at at least least consisting of at least 500 pounds each landing. There There are are six six 200 pounds each landing or an annual total of 2500 pounds permits for harvest using trawl gear and six permits for for one calendar year during the qualifying period of January January harvest using other gear. Experimental gear permits may be 1,1990 16,1995. Annual renewal renewal 1, 1990 through through October 16, 1995. Annual required. Permits are issued geographically, split at at Heceta requirements are either five landings consisting of of at least percent issued Head with 50 percent issued north and 50 percent 100 pounds each landing or an an annual annual total total of of 2500 2500 pounds. pounds. south of Heceta Head; (J) spp.) fishery fishery has a (J) Sea cucumber cucumber (Parastichopus spp.) An incidental catch of of one gaper clam per eight butter clams clams11 or 25 pounds of gaper aaper clams per 100 pounds pounds or of butter butter qualifying and annual renewal requirement requirement of of five five landings landings clams, whichever greater gaper gaper clam clam clams, whichever allows allowsthe the greater consisting of at least 100 pounds each landing. laoding. There are six incidental catch, catch,isisallowed allowedduring during the the closed closed season incidental permits for harvest using trawl gear, 10 permits for havest by notwithstanding OAR 635-005-0020; diver, diver, and 10 permits for harvest by other gear. Experimental. gear permits may be required. Permits are Experimental dofteini) fishery has a (G) (G) Giant octopus (Octopus dofleini) qualifying and annual renewal requirement of of five landings issued issued geographically, split at Heceta Head with 50 percent 100 pounds each landing. There are 10 10 consisting of at least 100 percent issued south south of of Heceta Head, issued north and 50 percent harvest using using octopus octopus pots pots only; only; permits for harvest until after the date of the lottery; 33-Div. - Div. 006 006 (C) (C) Freshwater mussels (families Margaritifera, (K) (K) Marine snails (various species) fishery has a offive five landings landings qualifyingand andannual ammalrenewal renewalrequirement requirementof qualiing Anodonta, Gonidea, and Corbicula). Anodonta, List, Category Category (3) The Developmental Fisheries Species List, each landing. There are are 10 10 consisting of at least 100 pounds each lie," is as as follows: follows: "C,' is permits for subtidal harvest only; (L) Brine ShrinlP shrimp (Artemia (Arteinicispp.) spp.)fishery fisheryhas hasaaqualifying qua1i'ing (a) (a) FISH of at least 5000 pounds and ammal annual renewal requirement of (A) Spiny dogfish (Squalus (Squalus aeanthias); acanthias); landed. adults. landed, There are three permits to harvest adults. zyopterus); (B) Soupfin shark (Galeorhilms (Galeorhinus zyopterus); (M) Flat abalone (Hauiotis (Haliatis walallensis) fishery has a (C) Skate (family Rajidae); single permit authorized, a 3,000 pound annual annual quota quota limit, limit, (D) American shad (Alosa (Alosa sapidissima); of at least 20 an annual renewal requirement of 10 landings of (B) Pacific Pacific cod cod (Gadus (Gadus macrocephalus); (E) pounds each landing, a 4-1/2 inch minimum size, [a May- (F) Pacific flatnose (Antiznora inicrolepis); (F) (Antimora microlepis); OctoberJvear-round season,taken takenfrom from nonintertidal nonintertidal areas October]vear-round season, (G) grenadier (Coryphaeno (Coryphaenoides (U) Pacific grenadier ides acrolepis); pennit conditions with an abalone iron, and such additional permit (H) Cabezon (Scorpaenichthys (Scorpaenichthys mannoratus); marmoratus); as as the the Director deems appropriate as required by OAR 635- Cottidae); (I) Sculpins (family Cottidae); 006-870 and OAR 635-006-0880. (J) Kelp decagrammus); (3) Kelp greenling greenling (Hexagrammos (Hexagrainmos decagratnnius); (K) Jack mackerel (Trachurus (Trachurus symmetricus); symmetricus); (2) The Developmental Fisheries Species List, (L) Chub (Pacific) mackerel (Scomber (Scomberfaponicus); japonicus); Category I1B,tl is as as follows: follows: "B,' is (a) FISH (M) Greenstriped rockfish (Sebastes elan elongatus); gatus); Sahnon shark (Lamna (A) Salmon (Lanina ditropis); (N) Redstripe rockfish (Sebastes (Sebastes proriger); proriger); (B) Carp (Cyprinus carpio); (0) Shortbelly rockfish jordan!); (0) Shortbelly rockfish (Sebastes (Sebastesjordani); deani); (C) Black hagfish (Eptatretus (Eptatretus deanQ; (P) (P) Sharpchin rockfish rockflsh (Sebastes (Sebastes zacentrus); zacentrus); (D) (D) Yellow Yellow perch perch (Percajlavescens); (Percaflavescens); (Q) Splitnose rockfish (Sebastes diploproa); (E) Eelpouts (family Zoarcidae); (R) Pacific sanddab (Citharichthys sordidus); (Ameiurus nebulosus); (F) Brown bullliead bullhead (Arneiurus (S) isolepis); (5) Butter sole (Pleuronectes isolepis); (G) (U) Skilfish Skilfish (Erilepis (Erilepis zonifer); zonfer); (T) (Pleuronectes vetulus,); vetulus); (T) English sole (Pleuronectes (H) (H) Northern squawfish (Ptychocheilus (Ptychoclieilus oregonensis). (D) Rex sole (Errex (Errex zechirus,); zechirus); (U) (b) (b) INVERTEBRATES rNVERTEBRATES (V) Rock sole sole (Pleuronectes bilineatus); (A) (family Euphausidae); Euphausidae); (A) Euphausids Euphausids (krill) (hill) (family (W) Sand sole (Psetticlithys (Psettichthys inelanostictus); melanostictus); (B) Pacific Pacific sand sand crab crab (Emerita (Einerita analaga); analoga) (X) Curlfin (lemon) sole (Pleuronzchthys (Pleuronichthys deem decurrens); rens), 44 -Div Div.006 006 colliei); (Y) Spotted ratfish (Hydrolagus colliet); (c) An application shall be considered complete if it is (Z) Wolf-eel (Anarrhichthys (Anan-hichthys ocellatus); on the fhe form, form, and and is is legible, requested on legible, has all information requested (AA) (Theragra chalcogramma,). chalcogramma)_ (AA) Walleye pollock (Theragra accompanied by by fhe the required required fee fee in full. full. Any application application (b) INVERTEBRATES rNVERTEBRATES which is not complete shall be returned and, unless it is (A) (Cancer product produetus); (A) Red rock crab (Cancer us) fhereafter resubmitted resubmitted and deemed deemed complete complete by by the the filing filing thereafter (B) (B) Purple sea urchins (Strongylocentrotus purpuratus); purpuratus); date, fhe the individual shall not be considered to have applied (C) leniuseulusJ(C) Crayfish Crayfish (Paeifastaeus (Pacfastacus leniusculus). in a timely manner; (d) Before applying for a permit, an applicant must first Stat 506.109 and 506_119 Stat. Auth.: ORS ORS 506.109 506.119 Stats. ORS506.129, 506.129, 506.450, 506.450, 506.455, 506.455, Stats. Implemented: ORS 506.460, and 506.465 506.465 506.460, have obtained fhe the appropriate vessel license (or individual license if permit issued to individual) individual) for for the fhe year year the pennit is issued Rist.: Hist.: permit will be issued. 635-006-0910 (2) Number of of permits allowed: Procedures for Issuance, Transfer and Renewal of (a) (a) An individual shall not submit more than one Developmental Fisheries Species Species Permits Permits application, per permittee, perniittee, for each developmental fishery application, (1) Applications: species species gear category; (a) An applicant for aa permit must submit a complete annual fee fee of of up up to to application in writing accompanied by an annual $75_ $75. The The application shall include fhe the species offish of fish to to be be fhe area taken, the mefhod method and gear proposed to be used, and the from which fhe the Developmental Fisheries Fisheries Species Species are are to to be be taken, and other information infonnation as as the Department Department may may require; require; valid developmental (b) No permittee who holds a valid fisheries permit may apply for any additional permits fisheries permits for for fhe the sarne species gear category[. A valid developmental fisheries same fisheries permit is a pennit permit which is neither at issue in a pending Permit Review Review Board Board proceedings proceedings nor nor before before aa court court of of law]unless law]unlesstbe theDepartment Department proposes proposes to to den)' deny that that permit; permit; (b) Complete applications must be received postmarked or date-stamped by January 1I of offhe the year of issue issue for for new new the developmental developmental fishery fishely list in OAR 635species added to the fhereafter by by the fhe annual fding fIling date of of 006-0850, and thereafter January 1I of the year of issue; or aa court court of of before fhe the [Permit Review Review Board]Commission Board]Commssioii or law, law, isis awarded awarded another permit for the same species species gear category fhrough through fhe the lottery and thereafter prevails prevails before before category February 1I of of the year of of issue, except applications for box crab permits must be postmarked or date-stamped by (c) If a pemrittee, permittee, who holds a permit at issue eifher either (c) fhe [Permit Review in court, the fhe the Review Board]Commission Board]Conimission or in offhe permittee shall immediately surrender surrender one one of perniittee the permits to any Department office, so fhat that only one valid permit per species is held. species gear category is 5 - Div. 006 (3) Issuance of of permits: pennits: resttictions restrictions set set forth forth in in OAR OAR 635-006-0850. 635-006-0850. Evidence Evidence of of of applications received received by the filing filing (a) If the number of landings landings must be be supplied by the applicant and submitted with the application. date is less than the number of pennits permits available, all (A) (A) If If the number of these applicants does not exceed applicants who have submitted complete applications shall the the number of pennits, permits, they shall be given all available pennit within within 14 14 days days of ofthe filing date. date. be issued a permit the filing (A) (A) Any reruaining remaining pennits permits shall be issued on a frrstfirstcome, of each come, first-served first-served basis, within 14 days of of receipt of pennits permits and any remaining applicants shall be placed in a lottery; (B) If If the number of of applicants who have preference completed application, until the maximum number of permits is issued. issued. Priority shall be be based on posttnark postmark or or exceeds the number number of of permits, permits, then then these these applicants applicants points exceeds date; date-stamped date; only shall be placed in a lottery, and grouped by the the number of applicants who did not not receive aa (B) The names of of preference preference points they have accrued accrned for each species gear pemrit list, in in the the order they permit shall be placed on an alternates list, category. category. Applicants with the highest number of preference are received, until the next annual filing date. Applicants gear category category will will be drawn drawn first. frrst. points for each species gear whose whose names names are placed on the alternates list shall be of preference points Applicants having the highest number of refunded their pennit permit fee minus a $10 application fee. will be drawn next. This permit pennit per species gear category will Pennits of the year Permits which become available before the end of issuance process will continue through descending numbers shall shall be be ruade made available to the alternates list, in the order of preference points until all the available permits pennits have been listed. of an available permit pennit listed. The applicant shall be notified of issued, unless all qualified applicants with preference points sball resubmit a complete application application and permit fee and shall to that that point. Permits Pennits shall be have been issued pennits prior to within 30 days of the date the notification is mailed. The of the lottery; issued within 14 days of pennit of receipt of of the permit shall be issued within 14 days of (C) In addition, remaining reruaining applicants (who do not have resubmitted application and fee. If If an alternate fails to apply, preference points) shall be placed in a lottery and their pennit and the permit pennit shall shall then be made he shall forfeit the permit names shall be drawn; dra\ffi; available available to to the the next uame name on the alternates list. (D) The Department then shall prepare an alternates alternates list, list, (b) (b) If the the number of applications received by the filing in which applicants who who have preference points are listed of permits pennits available, available, the date is greater than the number of frrst reruaining first (in the order drawn), and thereafter remaining Department shall detennine frrst how how many many applications applications detentine first applicants are listed, in the order in which they were drawn. drawn. there are with preference points as accrued under OAR OAR 635- All applicants whose names are placed placed on on the the alternates altemates list list 006-0915, except for new species that have qualification qualification shall shall be refunded their permit fee minus a $10 application 66-Div - Div. 006 006 (b) To transfer a permit, a permittee shall first apply on fee. fee. Any permits permits available available before before the the end of the the year year shall shall be be made available to the first name on the alternates list. list. The a form provided by the Department and shall include a $25 applicant shall shall be be notified of an available available permit permit and and shall shall transfer fee; (c) No transfer shall be be considered effective until until the the resubmit a complete application and permit fee within 30 days of of the date the notification is mailed. mailed. The permit shall permittee has received approval from the Department and an ofreceipt of the resubmitted be issued within 14 days of receipt of updated permit. application and fee. If If an alternate altemate fails fails to apply apply for for the the (6) Renewal of of permits: pemrit within 30 days, days, he he shall shall forfeit forfeit such such permit permit lottery permit (a) Permits maybe may be renewed by submission, to the then be made made available available to to the the next next name name and the permit shall then Department, of of the appropriate fee and aa complete complete on the alternates list, list. application date-stamped or postmarked before January 1I of be made available before the end of the the (c) Permits may maybe sougbt, except except renewal renewal the year for which renewal is sought, applications applications for box crab permits permits must be postmarked or year by a permittee voluntarily turning in a permit. (4) Persons to whom permits are issued: issued: Permits Permits shall shall of the year prior to wbich which date-stamped before December 1I of is sought; renewal is be issued to either a vessel or an individual person when hand harvest methods methods are used. used. The pemrit pemtit holder is the (b) An application for renewal shall be considered owner or controller of of the vessel or the -individual individual person person complete if it is legible and has all information requested on when hand harvest methods are used. the fOlTO form and is accompanied by the required fee in full. full. Any application which is not complete shall be retumed, returned, and of permits: Permits for for Developmental (5) (5) Transfer of Fisheries Species are not transferable to another person or unless it is is thereafter resubmitted and deemed complete however that that permits may may be transferred transfelTed to to entity; provided however above, the the individual individual before the deadline listed in (6)(a) above, or controlled controlled by by the the permit permit holder holder up up another vessel owned or shall not be be considered to to have applied for renewal in a annually. to two times annually. timely manner; of the death of of a permit holder, the (a) In the event of pennit holder, (c) It is of the permit holder to ensure is the responsibility responsibihty of permit of the be issued issued to an immediate immediate family the deceased deceased may maybe family an application is complete and is is filed filed in in aa timely timely manner. manner. member as defined by OAR 635-006-08 635-006-0810. 10. Permit Permit transfer transfer Failure of of the Department to return retum an application for Failnre shall require a copy of the death certificate and the the original incompleteness or of an individual to receive a returned permit, and and must must be be requested requested by by the the family family member to the pennit, application shall not be grounds for treating the application deceased which shall be presumed by possession of of the as complete manner; manner; as having been filed in a timely and complete permit and death certificate. 7 - Div. 006 7-Div.006 ([2]1) An individual individual whose application application for for issuance, issuance, ([2]j) An (d) In addition to timely and complete filing to renew a permittee must mnst annually annuallylawfully lawfully land land the the required reqillred permit, a pennittee of the permit required required by by OAR OAR 635-006635-006renewal or transfer of andlor landings listed listed in in OAR OAR 635-006-0850. 635-006-0850. pounds and/or 0900 is denied by the Department may, within 60 days of if a permittee obtained obtained aa permit pemrit later later than than July July 11 However, if of denial, make written request, [accompanied [accomparried by a receipt of of of the prior year, the permittee shall not be required to make $25 $25 application fee,] fee,] to the [Permit Review the annual landing requirement by the following January. Board]Commission Board]Conmiission for for a hearing hearing for for review review of ofthe the denial. denial. shall be Instead, at the next renewal thereafter, the permittee shall shall [be in such form fonn and shall shall contain contain such The request shali required to demonstrate demonstrate the the annual annual landing landing requirement requirement was was required information as as the the Permit Permit Review Review Board considers full year year in in which willch the pennit permit was was fulfilled during the first thll appropriate]identifv why he granted. granted. appropriate]identifv why the the permit permit should be ([3]l) In ([312) In accordance accordance with any applicable provisions of held. (e) Landings made by one vessel can not be used for ORS cases, ORS 183.310 183.310 to to 183.550 183.550for for conduct conduct of contested cases, pennit qualification to renew more than one permit per permit [the Permit Review officer shall shall review ReviewBoard]a Board]a hearings hearings officer given year. year. category in any given denial by by the the Department Department of ofan an application application for the proposed proposed denial (7) Authority of of Director: Consistent with OAR 635- issuance, issuance, renewal renewalor ortransfer transferof ofaapermit. permit.The JJe 006-0810 006-08 10through through 635-006-0950, 635-006-0950, the the Director Director is is authorized authorized Developmental Developmental Fisheries FisheriesBoard Board isis designated designated as asaa partv party Developmental Fisheries Permits Permits under under the the authority authority to issue Developmental to the contested case. of ORS 506.460. of (3) Commission review (3) A A party party must petitioll petition for Commission review of the hearing hearing officer!s officer's proposed order order within within 30 30 days davs of Stat Auth.: AUth': ORS ORS 506.109, 506.109, 506.119 506.119 Stats. Stats. Implemented: Implemented: ORS ORS 506.129, 506.450 service service of of the the proposed proposed order order if the the party party wants the Rist.: Hist.: order changed. changed. A A party party must mustidentify identify what proposed order 635-006-0930 parts of of the proposed order it obiects objects to. to. and and refer to Review of Denials parts of of the administrative record and and legal legal authority authoritv parts [(I) [0) Pennit Review Board Board consisting consisting of of members A Permit supporting its its position. position. supporting ill lPermit Review Board]Commission Board]Commission may may £4) The [Permit Cominission shall be established as as appointed by the Commission follows: (a) Three members shall be chosen to represent developing fisheries industries; and chosen to represent the the (b) Two members shall be chosen public.] [recommend] waive[r of] landing requirements requirements for for renewal renewal [reconirnend] of a pennit reqillrements permit if it finds that failure to meet those requirements circumstances beyond beyond the the was due to illness, injury, or circumstances control of the issued by the the permittee. permittee. Final Final Orders Orders shall be issued the [Pennit Review Board are not subject to review by the 8-Div. 8 - Div. 006 006 Commission Coniniission but]Connnission but]Cornmission and may be appealed as provided in ORS 183.480 183.480 to 183.550. 183.550. Stat. Auth.: Auth.: ORS 506.109, 506.119 Stat Stats. Stats. Implemented: Implemented: ORS 506.129, 506.450 Rist.: Hist.: 9 - Div. 006 Attachment S5 Attachment NO CORRESPONDENCE RECEIVED AS OF: October 1, 1, 2002.