AcF
2!
VICTOR
VICTOfl ATIYEH
ATIYEH
GOVERNOR
GOVEROOR
Department of Fish and Wildlife
MARINE REGION
MARINE SCIENCE DRIVE, BLDG. NO.3, NEWPORT, OREGON 97365
May 25,
25, 1985
1985
May
To
To whom
whom it
it may
may concern:
concern:
Subject:
Subject:
Changes
in Commercial
Clam Regulations
Regulations
Changes in
Commercial Clam
is aa copy
Attached
Attached is
copy of
of our
our statement
statement that
that we
we will
will present
present to
to our
our
Cornmi
ss i on at
at 2:00
2: 00 p.m.
p.m. on
on May
May 31,
31, 1985
1985 at
at our
our Portland
Portland office.
offi ce. If
If you
Commission
you
have the
I would
have
the time
time I
would like
like to
to encourage
encourage you
you to
to attend
attend this
this meeting
meeting to
to
express
viewpoints. Our
Portland office
office is
is at
at 506
506 SW
SW Mill
Mill Street.
Street.
express your
your viewpoints.
Our Portland
Sincerely,
Si ncerely,
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
Tom Gaumer
Gaumer
Tom
Fish
and Wildlife
Wildlife Biologist
Fish and
Biologist
6u ni Q-r/. in cr2-t
EXHIBIT 6
)-
St
aff St
atement
Staff
Statement
On
Commercial Clam
Clam Fishing
Fishing
On Commercial
For
For Public
Public Hearing,
Hearing, May
May 31,
31, 1985
1985
Problem
Problem
Under present
present regulations
regulations clams
clams and
and mussels
mussels are
are being
being harvested
harvested both
both for
for
Under
bait
and human
a number
number of
our estuaries
estuaries and
and from
from the
the open
open coast.
coast. A
bait and
human food
food from
from a
of our
A
-portion
diggers are
are not
not sold
sold as
as required
required
-portion of
of the
the clams
clams harvested
harvested by
by commercial
comercial diggers
by
not reported
reported and
and do
not have
have poundage
poundage fees
paid on
on them.
them.
by law
law and
and thus
thus are
are not
do not
fees paid
Non-reporting
Non-reporting results
results in
in aa loss
loss of
of compensation
compensation to
to the
the State
State of
of Oregon
Oregon and
and
affects staff
to evaluate
status of
of clam
clam stocks.
stocks. Assistance
Assistance to
to
affects
staff capability
capability to
evaluate the
the status
enforcement
is needed.
needed.
enforcement is
Clams
and mussels
that are
are harvested
harvested from
from restricted
restricted areas
areas or
or during
during
Clams and
mussels that
restricted
the food
presenting aa potential
potential public
public
restricted times
times may
may enter
enter the
food market
market presenting
health problem.
health
problem. Specific
controls are
are needed
needed to
to remedy
remedy this
this situation.
sitUation.
Specific controls
Commercial
in bays
bays and
and on
on beaches
beaches occur
occur in
in proximity
proximity to
to
Commercial clam
clam fisheries
fisheries in
adding to
the social
clam management.
recreational
recreational fisheries
fisheries adding
to the
social dimension
dimension of
of clam
management.
Requiring
have aa permit
permit to
this fishery
in addition
addition to
to
Requiring fishermen
fishermen to
to have
to enter
enter this
fishery in
their
their commercial
commercial license
license would
would measurably
measurably assist
assist the
the staff
staff in
in gathering
gathering
information and
and in
in controlling
controlling the
the area
area and
and amount
amount of
of harvest.
harvest.
information
Background
Background
Commercial fishermen
fishermen are
are required
required by
by law
law to
to have
have aa commercial
commercial fishing
fishing
Comercial
license
license and
and to
to sell
sell all
all of
of their
their catch
catch to
to a
a wholesale
wholesale fish
fish dealer,
dealer, even
even if
if it
it
is
in their
study,
is to
to be
be used
used for
for bait
bait in
their own
own fishing
fishing operations.
operations. In
In a
a 1976-1980
1976-1980 study,
staff
pounds (26%)
(26%) of
of commercially
commercially taken
taken razor
razor clams
clams were
were
staff found
found that
that 90,892
90,892 pounds
used for
personal use
use but
but were
were not
not reported.
reported. In
pounds
used
for bait
bait or
or personal
In 1982,
1982, 18,662
18,662 pounds
(1
of razors
razors were
were not
of
not sold
sold to
to licensed
licensed buyers.
buyers.
pounds
bay clams
clams were
were not
not sold.
sold.
pounds of
of bay
In
1983 an
an estimated
estimated 20,000
20,000
In 1983
The
of Oregon
The commercial
commercial harvest
harvest of
of shellfish
shellfish is
is restricted
restricted in
in many
many parts
parts of
Oregon
estuaries
by the
the Oregon
Oregon State
State Health
Health Division
Division (OSHD).
(OSHD). Such
Such areas
areas are
are closed
closed
estuaries by
primarily
because of
of potential
potential for
for fecal
fecal coliform
coliform contamination.
contamination. Occasionally
primarily because
Occasionally
an
of paralytic
paralytic shellfish
shellfish poisoning
poisoning (Psi')
(PSP) will
in aa closure
~losure by
by
an outbreak
outbreak of
will result
result in
OSHD
OSHD of
of portions
portions of
of our
our open
open beaches
beaches and
and adjacent
adjacent estuaries
estuaries to
to the
the commercial
commercial
harvest
harvest of
of clams
clams and
and mussels.
mussels.
These
closures are
are difficult
difficult to
as some
some diggers
in
These closures
to enforce
enforce as
diggers harvest
harvest clams
clams in
restricted
areas or
restricted areas
or during
during times
times of
of PSP
PSP outbreaks
outbreaks under
under the
the guise
guise of
of being
being
"for bait"
and then
then sell
sell the
the clams
clams for
for human
human consumption,
consumpt on, creating
creating aa potential
potential
"for
bait" Sd
health
hazard. The
health hazard.
The clams
clams may
may be
be held
held in
in live
live boxes
boxes in
in anan unrestricted,
unrestricted area
area
where
can be
be easily
easily mixed
mixed with
with food
food grade
grade clams.
clams.
where they
they can
Biology
I3flfl
Clams are
are abundant
abundant intertidally
intertidally and
and subtidally
subtidal1y in
in 11
11 of
of Oregon's
Oregon's estuestuClams
aries and
aries
and along
along the
the open
open beach.
beach.
Mussels are
are found
found in
Mussels
in all
all rocky
rocky areas
areas along
along
the beach.
the
beach. Seven
Seven estuaries
estuaries have
have extensive
extensive populations
populations of
of clams.
clams. The
six spespeThe six
cies
cies of
of clams
clams frequently
frequently taken
taken by
by sport
sport and
and commercial
commercial fishermen
fishermen include
include the
the
butter,
gaper, littleneck,
littleneck, softshell,
softshe11, and
and razor.
razor.
butter, cockle,
cockle, gaper,
All
clams and
and mussels
are filter
filter feeders
and in
in the
in
All clams
mussels are
feeders and
the process
process of
of taking
taking in
water
and removing
water and
removing food
food organisms,
organisms, they
they stand
stand a
a good
good chance
chance of
of ingesting
ingesting and
and
accumulating contaminants.
contaminants. Toxic
accumulating
Toxic material
material and
and human
human pathogens
pathogens are
are usually
usually
concentrated
in the
the gills
gill s and
anddi
gestive organs.
organs. Eating
Eating contaminated
shellfish
concentrated in
digestive
contaminated shellfish
can
severaldiseases
including paralytic
paralytic shellfish
shellfish poisoning
poisoning and
and hepatihepatican cause
cause several
diseases including
tis.·
Mussels are
are known
known to
to pick
pick up
up PSP
PSP faster
and retain
retain it
it longer
longer than
the
faster and
than the
tis. Mussels
other species
species of
of bivalves
bivalves. Mussels
Mussels and
and littleneck
littleneck clams
Clams are
are usually
usually eaten
other
eaten
uncleaned. Because
Because of
of this,'
this, the
the chance
chance of
of picking
picking up
up contaminants
contaminantswhen'
when eating
eating
uncleaned.
this species
species is
is higher
higher than
than it
it is
is for
for species
species that
that are
are cleaned
cleaned before
before eating.
eating.
this
-2-
The
The Fishery
Fishery
Commercial
on razor
razor and
and bay
bay clams
clams and
and mussels
mussels in
in Oregon.
Oregon.
Commercial fisheries
fisheries occur
occur on
There
is aa small
small intertidal
intertidal bay
bay clam
clam fishery
fishery pursued
pursued with
with shovels
shovels in
in several
several
There is
of our
our estuaries.
estuaries. The
The main
main commercial
commercial fishery
fishery on
on bay
bay clams
clams is
is subtidal
subtidal where
where
of
Scuba divers
divers take
take clams
clams by
by hand
hand or
or by
by mechanical
mechanical means.
means. Mechanical
Mechanical harvest
harvest is
is
Scuba
limited
jet or
pump device
device and
and is
is allowed
allowed only
only in
in
limited to
to a
a hand-held
hand-held water
water jet
or suction
suction pump
Yaquina and
and Coos
Coos bays.
bays. Razor
intertidally using
using shovels,
shovels,and
Razor clams
clams are
are taken
taken intertidally
and
Yaquina
mussels are
are taken
taken by
by hand
hand or
or hand-held
hand-held tools.
tools.
mussels
The range
range of
of bay
bay clam
clam harvest
harvest since
since 1970
1970 varies
varies from
from 17,000
17,000 lbs
lbs in
in 1974
1974
The
to 217,000
217,000 lbs
lbs in
in 1978.
1978.
to
In
In the
the last
last five
five years
years landings
landings ranged
ranged from
from 81,000
81,000 to
to
136,000 lbs.
lbs.
136,000
The
bay clam
clam diggers
diggers varied
varied from
from 13
13 in
in 1976
1976 to
to 46
46 in
in 1971
1971 and
and
The number
number of
of bay
1982.
In the
last five
years the
the range
range was
was 27
27 to
to 46.
46.
In
the last
five years
1982.
the razor
razor clam
clam harvest
harvest varied
varied from
from 100
100 lbs
lbs in
in 1983
1983 to
to 118,000
118,000
Since
Since 1970
1970 the
1976. The
The number
number of
of diggers
diggers ranged
ranged from
from 99 to
to 391
391 in
in 1983
1983 and
and 1976,
1976,
lbs
lbs in
in 1976.
respectively.
respectively.
Since
1972 the
harvest of
of mussels
mussels has
has ranged
ranged from
from 00 in
in 1973
1973 and
and 1974
1974 to
to
Since 1972
the harvest
61,000 lbs
lbs in
in 1980.
1980.
61,000
User Views
Views
User
In
shellfish staff
a "Town
"Town Hall"
Hall" meeting
in Tillamook
Tillamook to
to
In 1984
1984 shellfish
staff conducted
conducted a
meeting in
management objectives
objectives and
and to
to listen
listen to
to the
the concerns
concerns of
of the
the user
user
discuss our
our management
discuss
groups.
groups.
Sport
in general
general expressed
expressed little
little concern
concern about
about the
the commercial
commercial
Sport fishermen
fishermen in
harvest
of subtidal
subtidal clams.
clams. Their
was the
the need
need for
for assurance
assurance that
that
Their main
main concern
concern was
harvest of
the commercial
commercial fishery
fishery would
would not
not jeopardize
jeopardize the
the brood
brood stock.
stock. A
owner
the
A business
business owner
in Garibaldi
about overharvest
overharvest of
of brood
brood stocks,
stocks, and
and expressed
expressed
in
Garibaldi was
was concerned
concerned about
concern over
over clams
clams being
being dug
concern
dug in
in aa restricted
restricted area
area and
and entering
entering the
the food
food
market.
market.
-3-3-
Commercial
concern over
over lack
of enforcement
enforcement against
Commercial fishermen
fishermen expressed
expressed concern
lack of
against
commercial
clams from
in
commercial fishermen
fishermen taking
taking clams
from restricted
restricted areas
areas and
and selling
selling them
them in
food
food markets.
markets.
In
staff talked
to most
of the
the major
commercial clam
clam fisherfisherIn March
March 1985
1985 staff
talked to
most of
major commercial
men.
several key
key wholesalers,
wholesalers. and
and aa few
few crab
crab fishermen
fishermen that
that use
use clams
clams for.
for
men, several
bait. All
All were
were receptive
receptive to
to staff's
staff's views
views that
that regulation
re9ulation changes
changes were
were
bait.
needed.
needed. In
In May
May 1985
1985 staff
staff conducted
conducted meetings
meetings in
in Astoria,
Astoria. Newport,
Newport. and
and Coos
Coos
~ay.
A complaint
complaint heard
heard concerned
concerned Washington
Washington diggers
diggers buying
buying Oregon
Oregon commercial
commercial
Bay. A
licenses
clams and
and that
that these
these clams
clams were
were not
not being
being sold.
sold. All
All razor
razor
licenses to
to take
take clams
clam
clam diggers
diggers stated
stated that
that theY
they sell
sell their
their catch
catch shortly
shortly after
after harvest
harvest and
and the
the
24 hour
hour limitation
limitation would
would present
present no
no problem.
problem.
24
Commercial
Commercial bay
bay clam
clam diggers
diggers were
were generally
generally in
in agreement
agreement with
with the
the proposed
proposed
regulation
changes. Some
regulation changes.
Some concern
concern was
was expressed
expressed as
as to
to how
how we
we would
would issue
issue
permits.
permits.
Enforcement
Enforcement
For
the Oregon
Oregon State
State Police
Police have
have asked
asked our
our staff
staff for
for regureguFor several
several years
years the
lation changes
to help
help them
them enforce
enforce shellfish
shellfish laws.
laws. They
They say
say that
that two
two changes
changes
lation
changes to
would
their task
task considerably
considerably easier;
easier; (1)
(1) require
require the
the harvester
harvester to
to sell
sell
would make
make their
their
their catch
catch within
within a
a designated
designated time.
time, and
and (2)
(2) require
require that
that clams
clams taken
taken in
in
restricted areas
areas be
identification and
restricted
be dyed
dyed for
for ease
ease of
of identification
and kept
kept separate
separate from
from
clams
clams sold
sold for
for human
human food.
food. Alaska
presently requires
requires dyeing
dyeing and
and separation
separation
Alaska presently
for
razor clams
clams taken
taken from
from restricted
restricted areas.
areas.
for razor
Discussion
Discussion
Investigation
revealed several
several problems
problems
Investigation of
of the
the commercial
commercial clam
clam fishery
fishery revealed
affecting
affecting the
the management
management of
of our
our shellfish
shellfish resources
resources and
and the
the enforcement
enforcement of
of
existing
laws. Not
is there
there aa suspected
suspected .loss
loss to
Not only
only is
to the
the State
State through
through the
the
existing laws.
failure
of people
people to
to sell
sell clams
clams taken
taken under
under cornnercial
commercial license,
license. but
but the
the
failure of
potential for
for aa public
public health
health problem
problem is
is significant.
significant. About
About half
half of
of the
the
potential
subtidal
subtidal clam
clam stocks
stocks in
in Tillamook
Tillamook Bay
Bay occur
occur in
in aa restricted
restricted shellfish
shellfish harvest
harvest
staff has
has received
received numerous
numerous complaints
complaints that
that clams
clams
zone. During
During the
the past
past year
year staff
zone.
-4-
(
taken in
in the
restricted zone
zone for
for 'bait"
"bait" are
are ending
ending up
up in
in the
the food
food market.
market.
taken
the restricted
The
The
OSP attempted
attempted to
to trace
trace the
the clams
clams harvested
harvested from
from restricted
restricted areas,
areas, but
but after
after
OSP
the clams
sold to
to aa wholesale
wholesale dealer
dealer they
they could
could not
not be
be distinguished
distinguished from
from
the
clams were
were sold
those
taken from
approved areas
areas and
and aa case
case could
could not
not be
be made;
made;
those taken
from approved
In 1984
a paralytic
paralytic shellfish
shellfish poisoning
poisoning alert
alert for
for the
the
In
1984 the
the OSHD
OSHD posted
posted a
Ore90n coast
coast extending
extending from
from Yaquina
Yaquina Head
Head to
to the
the Columbia
Columbia River.
River.
Oregon
Commercial
Commercial
shellfish
harvest was
was prohibited
prohibited from
from June
June 28
28 to
to July
July 12.
12. This
prohibition
shellfish harvest
This prohibition
applied
applied only
only to
to those
those clams
clams taken
taken for
for food.
food. Clams
bait and
and the
the
Clams were
were taken
taken for
for bait
OSHD suspected
suspected that
that some
some of
of these
these clams
clams ended
ended up
up in
in food
food markets
markets because
because of
of
OSHD
the
prices available
available there.
there. Separate
handling and
and dyeing
dyeing would
would aid
aid OSP
OSP
the higher
higher prices
Separate handling
in keeping
keeping this
this fishery
fishery in
in order.
order.
in
Staff
and OSP
OSP recognize
recognize that
that the
thelack
lackofofa a"time
"timeelemerit'
element'! in
in the
law
Staff and
the law
requiring
sale of
and shellfish
shellfish taken
taken legally
legally under
under aa commercial
commercial fishing
fishing
requiring sale
of fish
fish and
license
stifles enforcement.
enforcement. While
While opportunity
opportunity for
for this
this kind
kind of
of abuse
abuse is
is
license stifles
possible
possibTe in
in all
all the
the fisheries
fisheries it is
is most
most common
common with
with razor
razor clams
clams where
where the
the
majority of
of the
the diggers
diggers are
are not
not digging
digging with
with the
the intent
majority
intent to
to sell.
sell. A
time
A short
short time
period
selling e.g.,
e.g., 24
24 hours
hours after
after leaving
leaving the
the beach
beach or
or landing
landing from
from aa
period for
for selling
boat
best aid
aid enforcement.
enforcement. This
This was
acceptable to
to professional
professional clam
clam
was acceptable
boat would
would best
diggers interviewed
interviewed on
on the
the subject.
subject.
diggers
During
the past
past several
several years
the Commission
Commission has
has approved
approved aa permit
permit and
and
During the
years the
logbook system
system for
for the
the mussel
mussel and
and sand
sand shrimp
shrimp fisheries.
fisheries. The
permit has
has
logbook
The permit
provided staff
staff with
with an
an effective
effective management
management tool
tool for
for these
these two
two fisheries.
fisheries. A
provided
A
similar system
system for
for our
our bay
bay and
and razor
razor clam
clam fisheries
fisheries would
would give
give ODFW
ODFW benefits
benefits
similar
that would:
would:
that
(1) provide
provide staff
staff aa means
to control
control area
area and
and level
level of
of harvest
harvest in
in our
our
(1)
means to
commercial
clam fisheries;
fisheries;
commercial clam
(2)
(2) provide
provide staff
staff with
with additional
additional biological
biological data
data through
through the
the use
use of
of logbooks;
logbooks;
(3)
a list
list of
all commercial
commercial diggers
diggers for
for rapid
rapid communication
communication contacts
contacts
(3) provide
provide a
of all
especially
during periods
periods of
of PSP
PSP alerts
alerts or
or sewage
sewage treatment
treatment plant
plant
especially during
fail
ures;
failures;
(4) facilitate
reconciling location
location of
of harvest
harvest on
on fish
fish tickets;
tickets;
(4)
facilitate reconciling
(5)
(5) aid
aid enforcement
enforcement of
of commercial
commercial fishing
fishing regulations.
regulations.
-5-5-
Summary
of Problems
Problems and
and Solutions
Solutions
Summary of
In
problems exist
exist in
in the
the commercial
commercial clam
clam fishery.
fishery.
In summary,
summary, the
the following
following problems
Options
for solution
solution are
are presented
presented for
for each
each problem.
problem.
Options for
retain clams
(1) Commercial
Commercial fishermen
fishermen retain
clams taken,
taken, using
using their
their licenses
licenses for
for
(1)
personal
use.
personal use.
Options (A)
(A) Status
Status quo.
quo.
Options
(B)
(B) Require
Require harvested
harvested clams
clams to
to be
be sold
sold within
within 24
24 hours.
hours.
(2) Recreational
Recreational diggers
diggers obtain
obtain commercial
commercial licenses
licenses to
to be
be able
able to
to take
take more
more
(2)
clams
than their
their bag
bag limit.
limit.
clams than
Options
(A) Status
Status quo.
quo.
Options (A)
(B)
be sold
sold within
within 24
24 hours.
hours.
(B) Require
Require harvested
harvested clams
clams to
to be
(3)
The OSP
OSP find
find it
to keep
keep track
track of
of shellfish
shellfish enroute
enroute from
from
The
it nearly
nearly impossible
impossible to
(3)
fisherman
to wholesaler
wholesaler since
since there
there is
is no
no time
time limit
limit on
on selling
selling aa catch.
catch.
fisherman to
Options
(A) Status
Status quo.
quo.
Options (A)
(B)
harvested clams
be sold
sold within
within 24
24 hours.
hours.
(B) Require
Require harvested
clams to
to be
(4)
Some
Some commercial
commercial diggers
diggers take
take clams
clams for
for "bait"
"bait" in
in restricted
restricted areas
areas or
or
(4)
during PSP
PSP alerts
alerts and
and later
later sell
sell these
these clams
clams for
for human
human consumption.
consumption.
during
Options
(A) Status
Status quo.
quo.
Options (A)
(B)
(1) Require
Require that
that all
all clams
clams taken
taken for
for bait
bait from
from restricted
restricted
(B) (1)
areas
be dyed
dyed with
with aa food,
food, drug
drug
areas or
or during
during closed
closed periods
periods be
and cosmetic
cosmetic approved
approved dye.
dye.
and
that all
all dyed
dyed clams
clams be
be kept
kept separate
separate from
from food
food
(2)
Require that
Require
(2)
grade
and that
grade clams
clams and
that dyed
dyed and
and food
food grade
grade clams
clams not
not be
be
simultaneotlslypresent
on aa boat
boat used
used in
in harvesting.
harvesting;
simultaneously present on
(C)
areas to
to all
all commercial
commercial harvest
harvest of
of
(C) Close
Close restricted
restricted or
or closed
closed areas
clams
and mussels
mussels for
for bait.
bait.
clams and
(5)
The
The Department
Department has
has inadequate
inadequate control
control on
on how
how or
or where
where the
the commercial
commercial
(5)
fisheries
takes place.
place.
fisheries takes
Options
Options (A)
(A) Status
Status quo.
quo.
(B)
approve aa permit
permit system
system which
which would
would grant
grant
(B) Commission
Commission approve
staff authority
authority to
to require
require logbooks,
logbooks, and
and to
to designate
designate harvest
harvest
staff
areas
and amounts
amounts by
by species.
species.
areas and
-6-
Recommendations
Recommendations
To
bring our
our commercial
commercial clam
clam and
and mussel
mussel harvest
harvest regulations
regulations up-to-date
up-to-date we
we
To bring
recommend
recoimiend the
the following:
following:
(1)
all commercially
shellfish to
to be
be sold
sold to
to aa
(1) Require
Require all
commercially harvested
harvested shellfish
wholesale
fish dealer
dealer within
within 24
24 hours
hours of
of landing.
landing.
wholesale fish
(2) Require
all clams
and mussels
landed from
from restricted
areas or
or
(2)
Require that
that all
clams and
mussels landed
restricted areas
alerts be
be identified
identified with
with an
an FD&C
FD&C approved
approved dye
dye before
before
during
during PSP
PSP alerts
from the
the beach
beach or
or area
area of
of harvest.
harvest.
being
being transferred
transferred from
(3)
and mussels
intended for
for human
human consumption
consumption not
not be
be
(3) Require
Require that
that clams
clams and
mussels intended
simultaneously
simultaneously present
present in
in the
the same
same boat,
boat, or
or stored
stored with
with bait
bait
clams
and mussels.
mussels.
clams and
(4)
all conniercial
commercial clam
(4) Require
Require all
clam fishermen
fishermen to
to obtain
obtain aa permit
permit from
from the
the
Department
to harvest
harvest clams.
clams.
Department to
Fish
Fish Division
Division
May
21, 1985
1985
May 21,
-7-7-
...
No.
Fattn 34-8(
'tIME
W4E
1:00
PM
i!2.O.!.N.
;
..
Pla.ee
Astoria,
~~.~.9.::,~!
...
S..bject
Subject
COMMERCIAL RAZOR CLAM . HAESTORS
HARVESTORS
A'l"I'N
ATTN:I
".,
No
REPORT
OFFICER'S REPORT
OREGON
STAT!!: POLlOi
POLICE
OflEGON STATE
I ..
County
County
:
g.+.~.\;!!t9P.
I!\l.P..;),l,~n:
7.!L
.
..
, 19..§~.
tlEPARTMEN'I'
'.FISH& ..WIWLtPE
WILDI.I:Ii'E
... 1"nIlolE REGION
DEPRTN'1' OFOFTXSH
-.t'IMZI'7E
RECZON
In
~9S4the
In .1984
the harvest
harvest
of razor
razor clams
clams on
on the
the Clatsop
Clatsop Cotnty
County beaches
beaches has
h!l.l!l increase8
inoreas&~
The
razor
sUbstantially over
over the
tl'le last
lastseveral
several years
years of
of poor
poor harvest,
hat'Vel'lt. The ~azc:;r clans
clams
substantially
haV$
have increased
increased in
in numbers
rnznbersand
andsize
size~inq
nakngitit aa favorable
favorable past-time
past-time for
for sport
commercial har.estor.
Mrvestor.
diggers
the oommercial
diggers and
and aa.finanoial
financial plus
plus over
over past
past years
years for the
In regard
regard to
harvest, thi,
this year as
as in
years, the
the
in past years,
In
to the
the commercial
cotercial harvest,
still
exiet.
still exist.
pre~lema
rablerns
Commercial
clams taken.
taken, They
They are
commercialdiggers
diggersars
arenot
notlimited·
limitedtotethe
the quantity
quantity of
at clans
required to
aiq~ers is
required
to,meet
meetsize
sinerequir$m$nts.
requirements,~Mincrease
increaseinincammeroial
corarcial diggers
evident.
If the
the harvest
harvest is
is good,
good, sport
sport.diggers
diggers buy
buycoxwtsrcial
oommercial licenses.
licenses.
evident, It
Therefore, small
can be
be put
put back.
back. 'M/l.l\y
di9'gers are
are not
not knowledgeable
'k:nowledgelltlle
Many diggerS
Therefore,
small cllll\\S
clns can
on the
the care
care and
and placement
placement of
of these
these small
~ll clans
clams which
which is evident
evident by
by the
shere
on
the shore
bird
bird activity
activity surrowiding
eu~ro~ding them.
them.
Though
dt~ger is
is ~equired
to sell their
their catch,
oatch, it
Thoughthe
the commercial
coxnercial digger
regutred to
it iss not being
done.
done, tt
It isishard
hardtototallow-up
tollow~u~on
on out
out of
of area
~ea diggers
asoertain it
they .
diggers to
to ascertain
it they
sell
their catch.
catch. If aa coiitiercial
oommeroial digger
digger is
ischecked
ohecked at
at the
thediqging
area and
and
sell their
'digging area
has made
out, ~t
g±Ves enforcement
enforcement an
idea~Qre
has
madea atrane~ortation
transportation Slip
slip out,
t giyes
an idea
9h5re intention
;tit made
made to
the clans,
cla:ns, Att.this
th±S time
t5:me and
and. d.ate,
there is
b no
no require'l::equiretion .s
to sell
sell the
date, there
merit
nor till1e
time j?6riod
period in which
the oatoh
catch !las
has to
to ba
ment nor
which the
1:>& sold4
sold! so, the
the lack
lack of
of '.
requ±~ement
gaping hole on
on what
what has
actually happened
happened to the
the claros,
olams.
requirement leaves
leaves a gaping
has actually
Without
hard if
not impossible,
impossible, to keep
keep t#ac'k:
Without'the
therequirement,
requirensnt,itit is hard
it not
track of
of the
pound.s of
pounds
of ol~
clams dug
dug oommercially
commerciallythat
thatare
are not
not sold,
oommercially taken
taken razor
~a;or clans
clams being
betng sold
SOld to
to crab
crab
There is
an increase
increase in cQ7ercially
There
is an
~ishe%mSn for
Xjsbezmen
torbait,
bait,
roundage
paid..
poundae fee
tee p0.4.
These
ne;rer recorded
recQrd.ed nOr
nor Usn
tiekets or
or
These cl~1'<
clams are never
fish tickets
~~o~tion
InZonn,tLcn has beenrecei?ed
been recsks'ed that
thatoommercial
coxercisl diggers
d±9'gers also
also sell
sell directly
direotly to
to
.reat"urantl'<
requi:zoed.
restAurants for
fox ll1l1oh
much1tlOre
noreprof!t
pz'ofttrather
ratherthan
thangoing
goingthrough
throut the required
channels;
beca.usethere
there 11'is< flQ
timel~it
ljZit nor
channels, e.gain,
again, because
no time
nor Zo11o.ttp
foll¢~~ procedure
pr~ced~e to
pt
)?\'Ita ahandle
han41e ;n
on the
the selling
sellin\1 ttxugh
tbr\lN~hr~~rEiOa.
ehannels.
,reç2*red channels.
re no':~
no
Information
Informationhas
hasalso
alsobeen
beenlearned
learnedthat
thatfish
fish transportatien
transportation slips are
lonSer
even peing
Though an
digger can
can make
make his
hisown
own
longer even
being printed.
printed. Though
an individual
individual dLgger
cut, aa printed
p~intedform
form aids
aids then
them in
inthe
thereguired
requiredinformation
information that
thathas
hasbeen
been
out,
lacking. Transportation
Transportation slips
slips of
of late
latehave
have keen
been from
from napkins
napkins to the
the back
copenhagen cans. In suzmtaxy,
summary, there
an increase in
incommercial
commercial diggers
diggers
thereisis an
of Copenhagen
and
and aa lack
lack ot
of regulations
regulations that
thatcan
oan be
:be applied
appl.l.ea. to
tokeep
keep track'
track of
ofthe
theclams
Ollllllll
sold
sold.. "
sold or
or not sold.
.
,
,*1.
4
•
Officer's Report
Commercial
9ommeroial Razor
Razor Clam
Clam Rarvestors
aarvestors
2-28-85
2-28--BS
Page
:z
Page 2
,
SOLUTION, Enforcement
Enforoement efforts
efforts could
could ~reatly
aided by aa tine
time period
in
9reatly be aided
pàriod in
SOLUTION;
which
razor clams
sold. AA 24 hour time period Would
would be
bOil
to be
be sold.
which the
the razor
clams had'
had to
sufficient
sufficient time
time to
to sell
sell one's
one's catch.
oatch.
A
commercial shellfish
shellfish log
log could
could be
be 'used
used to
A commercial
to enter
enter date,
date, species,
species, location
location
where sold
sold and
and initialed
initialed by a buyer
buyer when
when transported.
transported. This log
log could
also act as a Transportation Certificate.*
Certificate.*·
,
I
Existing regulations
regUlations requiring
requiring them
them to
to retain the
the record could
could also
also remain
remain
in effect.
effeot.
In applying
the al,ove
above ideas
standpoint the
applying the
ideas from an enforcement
enforcement startdpotht
the following
could result.
result. It would 'lUll.ke
the regulations
regulations enforceable4
enforcsa.'ble. It would aid
uake the
in
in more clams
olams being
being sold
sold thus
thus ttore
~dre revenue
revenne fram
frat poundage
poundage feesl
fesaf and,
and, it
it
could help control
control the
the beach
beach ~rketing
tarketin; of
of the
the resource.
msource.
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
810.J.3
Sr. Tpr.
r,
HJ$Ill1la
la 2-28/2-28
2-28/2-29
*p,f
to attached example
I
APR
Department
of State
State Police
Police
Department of
-
Iflr;
DISTRICT
DISTRICTHEADQUARTERS
HEADQUARTERS
,~,_.
VTQ &TVE4
2700 N.
97501
2700
N,PACIFIC
PAOIFtCHIGHWAY,
HIGHWAY,MEDFORD,
MEDFORD, OREGON
OREGON 97501
i'i? H
M EEM
AND0 UU M
M
M 0OR
RAN
M
-A 1~nr":",, .
-"16
",..D~
~.
\,.....eCfI' (
Rt. LseP(
TO:
TO:
MR. JOHN C.
C. WILLIAMS,
WILLIAMS, SUPERINTENDENT
MR.
ATTN:
Lee
Hyder, Major
Lee R.
R. Hyder,
$UBJZCT:
SUBJECT:
UNLAWFUL TAKING OF COMMERCIAL SHELLFISH
FOR PERSONAL USE
REFER:
telephone request
request by
by Lt.
Lt. Brosrian,
Brosnan, dated 04/05/85.
To telephone
The writer has checked with all of the
the Game
Game Division members
members
have worked
worked commercial
commercial clammers
clammers in
in District
District III
III as
as requested.
requested.
who have
On June 29,
29, 1983 Senior Trooper Roger
Roger Tuers
Tuers cited
oited two
two (2)
(2)
for No Wholesale Fish
Fish Dealers
Dealers License.
License. These
individuals for
nen had
iten
had gone
gone clamming
clanmningfor
forpersonal
personal use
use and
and did
did so
so well
well they
decided to continue and harvest clams on their
their Commercial
Commercial
rishing license.
license. They kept the clams and were selling
selling them
them
Fishing
apprehended.
themselves when apprehended.
There have been numerous
numerous'other
case of personal
other suspected case
personal use
use
commercial operation that were
harvest being mixed with aa commercial
contacted but
but no
no commercial
commercial cases
cases were
were made,
made.
JERR~ R.
R. GYLLENSKOG,
GYLLENSKOG, MAJOR
JERRY
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
Michael A.
A. Daugherty,
Daugherty, Lieutenant
njaa
nj
April 10,
10 I 1985
1985
APR I 0 1eet
APR.
Form 34-40M
TIME .. ,
TIMZ
3: OOP~1
.iP2?1.
Place
I'lace
TILLAMOOK
Sul:>ject
Subject
.
OFFICER'S REPORT
REPORT
.
OREGON STATE
OREGON
8AE
POLlCE
POLICE
LL SHELLFISH- HEALTH
DEPARTMENT
~9.~.M..E.~~f..~k.?H.;~.h.H.~.H.
:. HEALTH
DEPARTMENTCLOSURES
CLOSURES
...........
No
No.
.
1.1,1
County ...........T..t1.J.!\m9.9.~
.
... jt&o .................................
pr .. s....................... . lsS.5..,
........................8p..r..tl...e.
Reference is
is made
made to
to Lieutenant
Lieutenant Dudley
Dudley Nelson's
Nelson's phone
phone conversation
conversation with
with
Reference
First Sergeant
Sergeant Hays
the Tillamook
First
Hays of
of the
Tillamook Patrol
Patrol Office
Office requesting
requestlnq wri~er
writer
outline
problems associated
associated with
with State
State Health
Health Department
Department regulations
regulations
outline problems
concerning commercial
commercial clam
clam harvest.
harvest.
concerning
In recent
Bay has
has experienced
experienced aa marked
marked increase
increase in
in the
the
In
recent years
years Tillamook
Tillamook Bay
commercial
harvest of
butter and
and littleneck
littleneck clams,
clams. The
The bulk
bulk of
of
commercial harvest
of cockle,
cockle, butter
these
are not
not being
being harvested
harvested by
by the
the traditional
traditional method
method of
of digging
dig~in~
these clams
clams are
or
raki ng at
at low
low tide
tide but
but are
are being
bei ng taken
taken subtidally
subti dal1y by
by the
the use
use of
of scuba
scuba
or raking
gear.
gear.
There
in Tillamook
There eXists
exists in
tillamook Bay
Bay an
an area
area closed
closed to
to the
the taking
taking of
of clams
clams for
for
human consumption
consumption by
by commercial
commercial operators.
operators. The
restriction is
is Imposed
imposed
human
the restriction
by
Health Department.
Department. The
closed area
area is
is north
north of
of aa line
line
by the
the State
State Health
The closed
extending
from Hobsonville
Hobsonville Point
Point to
to Kincheloe
Kincheloe Point
Point and
and includes
includes the
the
extending from
high
clam beds
beds just
just to
to the
the south
south of
of Garibaldi,
Garibaldi.
high density
density clam
In this
In
the past,
past, contmercial
commercial digging
has not
not been
been aa proproIn the
digging in
this closed
closed area
area has
blem1
blem. NotWithstanding
Department regulation
regulation prohibiting
prohibiting it,
it,
Notwithstanding the
the Health
Health Department
commercial dtçicrers
dipgers would
make aa profit
profit
commercial
wouldundoubtedly
undoubtedly find
find it
it difficult
difficult to
to make
using traditional
traditional methods
methods due
due to
to the
the years
years of
of harvest
harvest by
by literally
literally thouthouusing
sands
of sport
sport diggers.
diggers.
However, with
the use
use of
of scuba
scuba gear,
gear, aa comcomsands of
However,
with the
mercial fisherman
fisherman can
can take
take large
large numbers
numbers of
of clams
clams subtidally
subtidally off
off the
the
mercial
beds never
never exposed
exposed to
to the
the sport
sport digger,
digger.
.
beds
At least
least one
one and
and possibly
possibly more
more of
of these
these operators
operators are
are consistantly
consistantly taking
takinq
At
clams
from the
the closed
closed area.
area. These
These clams
clams are
are then
then sold
sold to
to local
local whole.
wholeclams from
sale
dealers as
sale dealers
as bait
bait clams.
clams. At
At times
times these
these closed
closed area
area clams
clams are
are shipped
shinoed
to
dealers outside
outside the
the Tillaniook-Garibaldi
Tillamook-Garibaldi area
to dealers
area making
making it
it nearly
nearly impossible
impossible
to
to ascertain
ascertain if
if the
the clams
clams were
were sold
sold as
as bait
bait or
or for
for human
human consumption.
consumption.
Additionally, wholesale
wholesale dealers
dealers often
often buy
buy both
both bait
bait and
and foodfish
foodfish clams.
clams.
Additionally,
Once
the clams
are on
on the
the licensed
licensed premises
premises they
they can
can be
be interminqled
interminqled and
and
Once the
clams are
it is
is impossible
impossible to
to differentiate
differentiate between
between the
the two.
two.
it
A good
good example
example of
of how
how unworkable
unworkable the
the present
A
present regulations
regulations are
are occurred
occurred
approximately
approxinately one
one year
year ago
ago in
in Garibaldi.
Garibaldi.
A
local business
business named
dumping raw
raw sewage
sewage directly
directly into
into
A local
named "The
'The Wharf"
Wharf" w~s
ws dumping
State Health
the
bay and
and over
the aforementioned
aforementioned closed
closed area
area clam
clam beds.
beds. State
Health
the bay
over the
Department
Department officials
officials ordered
ordered the
the owner
owner to
to cap
cap the
the sweage
sweage outfall
outfall which
which
he
did; however
to take
take clams
from directly
directly underunderhowever scuba
scuba divers
divers continued
continued to
clams from
he did
neath "The
"The Wharf".
Hharf". The
clams were
sold as
as bait
bait initially
initially however
however there
there
neath
The clams
were sold
is no
no way
determining if
if these
these clams
clams were
were later
later sold
sold for
for human
human conCOnis
way of
of determining
sumption.
$ umpt ion.
In closing,
closing, writer
writer would
would recommend
recommend that
that in
in those
those areas
areas permanately
permanately closed
closed
In
to shellfish
shellfish harvest
harvest for
for health
health reasons,
reasons, such
such as
as Tillamook
Tillamook Bay,
Bay, the
the DepartDepartto
ment of
of Fish
Fish and
and Wildlife
Wildlife also
also adopt
adopt aa regulation
regu1ation prohibiting
prohibitingall
all coninercial
commercial
ment
harvest as
as well.
well. This
would alleviate
alleviate the
the potential
potential problem
problem of
of contamintated
contamintated
This would
harvest
~~
-2·2·
clams
being sold
sold as
as food
food clams.
clams.
clams being
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
696-10
Serqeant
inJ.Shaw,SeEant
(
-
OREGON S'rA'J.'lt
OREGQW
STATS POLICE
POLICE
MEMORAN
!!
!. !! sa ! ~ !. DUN
.!? lU!
f\;·:r. t 1 (;
';\,"
Ttpti Sairron
------------,
it):
TO:
Mr. John
John C.
C. Williams,
Mr.
Williams, Superintendent
Su~rintendent
Attn: Lee
Lee R.
R. Ryder,
Hyder, Major
Major
FROM:
FROM:
John C.
C. DUIlWl,
Duman, Major
By
By
FOR PRIVACY
'REDACTED
REDACTED FOR PRIVACY
Michael
Lieutenant
Michael R.
R. Ross,
Ross, Lieutenant
SUBJEC2':
SUSJECT:
COMRCZAL CLAM
COMMERCIAL
CLAM VIOLATIONS
VIOLA2'IONS
2'0
To phone
phoneoonversation
conversationon
on AprilS,
April 5, 1985,
1985, with
with Lieutenant
Liel.ltenant
Daniel Brosnan
incidents involving:
involving: The
The commercial
commercial
Daniel
Brosnanregarding
regardingarrests
arrests or incidents
take of
of clams
clams from
from olosed
areas, using
using commercial
oommercial license
exoeed
take
closed areas;
license to erased
personal
not selling
sellingtotowholesale
Wholesale dealer;
dealer, mixing
mixing of
personal use
use bag
bag limit
limit - not
aonrrsrcial and Sport
oo~rcial
sport catch
catches of clams
clams in
in ,the
the same
same operation.
REFER:
In
game members,
Zn conferring
conferring with
with coastal game
members,ititappears
appearsnonoarrests
arrests or
incidents involving
inVOlving the
the above
above violations
viOlations have
have occurred
oaaurred in recent
recent
yBars.
years,
members advised
have been
been occasions
occasions when
when they have
have
Several members
advised there have
checked
checked commercially
commerciallylicensad
licensed fishermen
fishermenwho
whoappear
appeartotobebeusing
using their
their
Hoense to
to take
takerr*,re
more than
personal limit,
lim:!. t,although
al though no
no case
case
license
than their personal
CQuld be
be made.
lll!lde.
could
For a
short time
time several
severalcommercial
commercial diggers
diggers attempted
attempted to take
take claws
clamm
a short
bai t from
from Siuslaw
Siuslaw Bay
commercial tue
for bait
say which
whichisis closed
closed to
to the commercial
tae of
clanw for
forhuman
hUlllllllconsumption0
aonsumptton. Apparently
Apparently it
was not
clans
it was
not profitab1e.
profitable. No
cQmplaints
problems were
were noted.
nQted.
complaints or problams
None of
members had
where diggers
diggers were
Mere
None
of the members
hadexperienaed
experiencedsituations
situations where
mixing oOlll1ll9rcial
mixing
coiwnercialand
andsport.
sport catches.
HAA:gn
Oregon
Salem, Oregon
April 12,
12, 1985
1985
itt.
........
latin 3.aCM
9:00AM
"."" ..".. ".,,,,,
rIME
TIME
j?la~Q
"
TILLA.MOOK
ILLAMOOK
.......... " .. ,,,,,
OFFICER'S REPORT
OFFICER'S
REPORT
"",,.
,."
,.,
..
OREGON
STATE POLICE
POLICE
OREGON STATE
SHELLFISH
REGULATIONS
HELLFISH
....PROPOSED
,
'"
,.".,REGULATIONS
,..
;.,
C//(.
No-
No. " ....."".".... "
County ,... liJJ.llffi9Q.k....."
......... "
County
.fl11.AniQnk.
ig..85.
... My.i4
M~y,H..."."..., 19..
85
..............................
Reference
is made
to the
the attached
attached letter
letter dated
dated April
April 5,
5, 1985
19B5 by
by Tom
Tom Gaumer
Gaumer
Reference is
made to
concerning
fi sh regul
ati on changes.
changes,
concerninci shen
shellfish
regulation
In respons?
response to
to Mr.
Mr. Gaumer's
Gaumer's letter,
letter, writer
writer respectfully
respectfully offers
offers his
his opinion
opinion
In
on
of the
the five
five proposals
proposals made
made by
by Mr.
Mr. Gaumer.
Gaumer.
on each
each of
The
first proposal
oroposal dealing
dealin~ with
with the
the dying
dyinp of
of bait
bait clams
clams would
would be
be acceptable
acceptahle
The first
to
if some
some requirements
requirements were
were set.
set. First,
feels it
it Imperative
imperative
to writer
writer if
First, writer
writer feels
that
standards be
be established
established as
as to
to what
what color,
COlor, type
type and
and method
method are
are
that certain
certain standards
IISPrl 'in
'n rlyinp
dyino the
the clam~
clam! s()
so as
as to
to insure
insure uniformity.
unio'r"ty
In addition
to the
the methods
by which
which the
the clams
clams are
are to
to be
be dyed,
dyed, writer
writer also
also
In
addition to
methods by
requests
be niven
C1iven to
to imposina
imposino aa time
time element
element in
in which
which it
it has
has
requests consideration
consideration be
to
be done.
done. Writer
Writer suoaests
suggests that
that if
if the
the clams
clams are
are being
being taken
taken with
with the
the use
use
to be
. of
a boat
boat the
the clams
clams be
be dyed
dyed prior
prior to
to offloadinc,
offloadin9. If
are dug
dug on
on
of a
If the
the clams
clams are
the
they must
by dyed
dyed prior
prior to
to leaving
leaving the
the immediate
immediate diaging
digginp area
area.
tne shore.
shore, they
must by
The
second proposal
proposal would
would require
require all
all commercial
commercial
The second
di~gers to
to have
have aa permit.
permit.
diagers
this requirement
requirement would
would be
be backed
backed by
by the
the legitimate
legitimate commercial
commercial
Writer feels
feels this
Writer
clam diager.
clam
digger. AA regulation
regulation of
of this
this type
type would
would help
help eliminate
eliminate the
the opportunistic
opportunistic
COmmercially
licensed person
commercially licensed
person who
who exceeds
exceeds the
the daily
daily bag
bag limit
limit on
on clams
clams under
under
the
o,f being
being aa commercial
commercial clam
clamdiciger,
die:tger.
the puise
guise of
Tnis
This type
type of
of activity
a~tivity is
is particularly
particularly prevalent
prevalent when
when dealing
dealing with
with razor
razor c1ams
clams
on
the north
north coast.
coast. AA preat
~reat many
many people
people in
in the
the Astoria-Seaside
Astoria-Seaside area
area are
are .
on the
licensed
licensed commercial
connercial fisherman,
fisherman, however
however most
most are
are licensed
licensed for
for reasons
reasons other
other
than for
for the
the purpose
purpose of
of clam
clam digging.
digging. They
They are
are licensed
licensed because
because they
they own,
own,
than
operate
boats, crab
operate or
or work
work on
on gill
gill net
net boats,
crab boats.
boats, trollers.
troliers, dragqers.
draapers, etc.
etc. but
but
since
they are
are licensed
licensed they
they can
can additionally
additionally take
take razor
razor clams
clams commercially.
commercially.
since they
Few of
these clams
clams are
are sold.
sold. Most
Most are
are taken
taken home
home for
for personal
personal use
use or
or sold
sold
Few
of these
illegally. A
permit would
be aa valuable
valuable enforcement
enforcement and
and administrative
administrative tool
tool
A permit
would be
illegally.
be aa minor
minor imposition
imposition on
on the
the legitimate
legitimate digger.
di~fler.
yet be
yet
The third
third proposal
proposal requiring
requiring clams
clams and
and mussels
be sold
sold within
twenty·four
The
mussels be
within twenty-four
hours
hours of
of harvest
harvest is
is strongly
strongly backed
backed by
by writer
writer for
for many
many of
Of the
the same
same reasons
reasons
previously
mentioned In
in addressing
addressing the
the permit.
permit.
previously mentioned
Under the
the present
present regulations,
regultltions, or
or lack
lad thereof,
thereof, aa fisherman
fisherman can
Under
can dig
dig clams
clams with
with
no time,restrIctlon
time. restriction as
as to
to when
when he
he has
has to
to sell
sell them.
them, The
The leqitimate
legitimate digger
digper
no
will normally
normally sell
sell as
as soon
soon as
as possible
possible while
the product
product is
is fresh
high
will
while the
fresh and
and of
of high
value.
value.
The
opoortunist dipper
dioner will
will take
take the
the clams
clams home,
home, shuck
shuck them
them and
and freeze
freeze them.
them.
The opportunist
I'lhen checked
cht:c ked later
1ater-and
queri ed as
as to
to why
why he
he didn't
di dn' t sell
se11 as
as required,
requi red, the
When
and queried
the
fisherman will
offer numerous
numerous excuses
excuses such
such as
as waiting
waiting for
for aa better
better price.
price.
fisherman
will offer
Althounh he
he Is
is technically
technically in
in violation
violation of
of not
not having
havino obtained aa wholesale
Althouqh
dealer;s license
to process
process shellfish,
shellfish, writer
writer does
does not
not feel
feel it
it was
was the
the ComComdealer's
licenseto
mission's intent
intent tp
tp require
require aa wholesale
wholesale license
license for
for this
this activity.
activity.
mission's
.
-
., ~'­- S.
d
Another
used by
by fishermen
fishermen when
when checked
checked is
is the
the "stall
"stall method".
Another method
method used
method". \1hen
When
checked, the
the fisherman
fisherman will
will explain
explain the
the clams
clams are
are beinq
beinq stored
stOred at
at aa friend's
friend's
checked,
house until
until aa sufficient
sufficient quantity
quantity has
has been
been reached
reached and
and then
then will
will be
be sold.
sold.
house
Invariably
is home
home at
the residence
residence where
Invariably nO
no One
one Is
at the
where the
the clams
clams are
are allegedly
allegedly
stored. Sometime
Sometime ,during
the tide
tide series,
series. or
or even
even the
the next
next series,
series, the
the
stored,
during the
violator
will diçi
di~ aa like
them as
as the
the original
oripinal catch.
catch.
violator will
like amount
amount and
and sell
sell them
Numerous nan-hours,
man-hours, spanning
spanninp several
several days,
days, can
can be
be spent
spent attempting
attempting to
to trace
trace
Numerous
, these
these clams
clams with
with little
little or
or no
no results.
results. A
twenty-four hour
hour requirement
requirement would
would
A twenty-four
help alleviate
alleviate or
or eliminate
eliminate this
this problem
problem yet
not cause
cause any
any undue
undue hardship
hardship on
on
help
yet not
the
legitimate fishermen,
fishermen. Additionally,
Additionally, the
the wholesale
wholesale dealers
dealers should
should benefit
benefit
the legitimate
- great'y
frOM the
the increased
increased landings
landin~s that
that would
he taken
home for
great'y from
would otherwise
otherwise be
taken home
for
personal
persoRal use
use or
or sold
soldto
to illegalmarkets.
illegal.markets.
Proposal four
four would
would require
require bait
bait clans
clams and
and mussels
mussels be
be kept
kept separate
sepa-rate from
frOm food
food
Proposal
a,imals.
aliimllls. Writer'
Writer doesn't
doesn't have
have a
a strong
strona position
position e'lthel'
either way
wiy on
on this
this proposaL
propQsaL
One
to toadopti'lg
would
Oneadvantage
advantage
adoptingthis
thistype
typeofof regulation
regulation wO'lld
would be
bethat
that it
it would
further Insure
insure bait
bait clams
clams would
would not
not become
become intermingled
intermingled with
with food
food clams.
clams. If
If
further
the
the dying
dying of
of bait
bait clams
clams doesn't
doesn't become
become aa reality,
reality, then
then writer
writer would
would endorse
endorse
this
regulation to
to provide
provide separe.tion
separation between
betWeen the
the two.
two.
this regulation
The
last proposal
proposal would
require aa logbook
logbook in
in lieu
lieu of
of aa transportation
transportation certif1
certifi~
The last
would require
cate.·
Hriter
endorses
this
re~ulation
because
it
would
provide
enforcement
cats.
Flriter endorses this reçiulation because it would provide enforcement
and
personnel with
with aa quick
qUick and
and readily
readily available
available record
record of
of the
the
and management
management personnel
fisherman's past
past activities.
activities. Conversely,
Conversely, the
the fisherman
fisherman "'OUld
benefit by
by not
not
fisherman's
would benefit
having
to fill
f111 out
out and
and maintain
transportation certificates
certificates for
for six
six months
months as
as
having to
maintain transportation
·iissnow
requi red.
.
now required.
In
proposals are
step for
industry
In closing,
closing, writer
writer feels
feels the
the proposals
are a
a positive
positive step
for the
the industry
as
a whole.
whole. They
and management
the necessary
necessary tools
tOols it
as a
They offer
offer enforcement
enforcement and
management the
it
needs to
to manage
manage the
the resource
resource yet
yet does
does not
not restrict,
restrict, but
but benefits,
benefits. those
those fisher.
fisher~
needs
men
and dealers
dealers who
who derive
derive aa livelihood
livelihood from
from clams
clams and
and mussels.
mussels.
men and
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
696
phen J. Shaw,
Shaw, Sergeant
Sergeant
. SJS!ks
SJSJks
CC:
Tom
Marine Region
Region
Torn Gaumer,
Gaumer, Oregon
Orepon Department
Department of
of Fish
Fish and
and Wildlife
Wildlife Marine
CC;
EXHIBIT
G
EXHIBIT G
STAFF STATEMENT
STATEMENT
STAFF
ON "HOUSEKEEPING"
"HOUSEKEEPING" CHANGES
CHANGES IN
IN SHELLFISH
SHELLFISH RULES
RULES
ON
FOR
PUBLIC HEARING
HEARING MAY
MAY 31,
31, 1985
1985
FOR PUBLIC
Problem
Probl em
Fisheries
crab and
and possibly
possibly for
for spot
spot shrimp
shrimp without
without
Fisheries exist
exist for
for box
box crab
explicit
provision for
these fisheries
fisheries in
in the
the Oregon
Oregon Administrative
Administrative Rules
Rules
explicit provision
for these
(OARs)
In
In addition
addition red
red rock
rock and
and Tanner
Tanner crab
crab and
and sidestripe
sidestripeand
andcoon~tripe
coontripe
(OARs)
shrimp are
occasionally caught
shrimp
are occasionally
caught and
and landed
landed. Staff
Staff sees
sees it
it as
as appropriate
appropriate and
and
helpful to
helpful
to officially
officially recognize
recognize these
these crab
crab species
species and
and shrimp
shrimp species
species by
by
designating
seasons and
and gear
gear for
for their
their harvest.
harvest.
designating seasons
Several provisions
provisions in
in Division
Division 5,
5, Shellfish,
Shellfish, are
are no
no longer
longer applicable
applicable and
and
Several
will be
be removed
removed given
given Commission
Commission approval.
approval.
will
Background
Background
ORS
"•••• shall by
by rule:
rule: (a)
(a)
ORS 506.129
506.129 provides
provides that
that the
the Commission
Comission "....shall
Prescribe
the times,
places and
and manner
manner in
in which
which food
food fish
fish may
may be
be taken
taken or
or
Prescribe the
times, places
sold ••. ".
Relevant
although labeled
labeled "crab"
"crab" and
and "shrimp",
"shrimp", each
each speak
speak to
to
sold
"
Relevant OARs
OARS although
only
Dungeness crab
crab and
and to
to pink
pink shrimp
shrimp leaving
leaving the
the status
status
only one
one species,
species, i.e.
i.e. to
toDungeness
of the
the other
other crab
crab and
and shrimp
shrimp fisheries
fisheries unattended.
unattended. ORS
ORS 635-05-056
635-05-056 does
does allow
allow
of
and tanner
tanner crab
crab to
to be
be retained
retained and
and sold
sold provided
provided aa permit
permit is
is
trawl
trawl caught
caught box
box and
obtained
obtained from
from the
the Department
Department in
in advance.
advance. Further,
Further, the
the Department
Department has
has issued
issued
experimental gear
gear permits
permits (635-06-020)
(635-06-020) to
to several
several fishermen
fishermen who
who wanted
wanted to
to fish
fish
experimental
for
spot, coonstripe
coonstripe and
and sidestripe
sidestripe shrimp
for spot,
shrimp during
during the
the pink
pink shrimp
shrimp closed
closed
season.
season.
Biology
The
biology of
these species
species is
is not
not well
well understood
understood but
but should
should be
be similar
similar
The biology
of these
to Dungeness
Dungeness crab
crab and
and pink
pink shrimp
shrimp. Red
Red rock
rock crab,
crab, like
like Dungeness,
Dungeness, is
is aa
to
nearshore
species. Box
and the
shrimp species
species are
are found
found on
on the
the outer
outer
nearshore species
Box crab,
crab, and
the shrimp
shelf,
shelf, 50-100+
50-100+ fm
fm and
and tanner
tanner crab
crab on
on the
the slope
slope at
at 200-400
200-400 fm.
fm.
-8-
Fishery and
and Market
Market
Fishery
The
box crab
The fishery
fishery for
for box
crab began
began in
in 1982
1982 with
with the
the landing
landing of
of box
box crab
crab taken
taken
incidentally to
the trawl
trawl fisheries
fisheries for
for sole,
sole. Subsequently~
incidentally
to the
Subsequently a
a few
few fishermen
fishermen
have modified
Dungeness crab
crab gear
and fished
it with
have
modified Oungeness
gear and
fished it
with moderate
moderate success
success for
for box
box
crab.
Landings ranged
ranged from
from 500
500 lbs
lbs in
in 1982
1982 to
to 272,000
272,000 lbs
lbs in
in 1984.
1984. Tanner
crab.
Landings
Tanner
crab
landings were
were 1300
1300 lbs
lbs in
in 1983,
1983, the
the largest
largest annual
annual landing
landing of
of record.
record.
crab landings
The
The market
market has
has shown
shown some
some interest
interest in
in box
box crab
crab but
but needs
needs development
development before
before
the fishery
fishery can
can be
be described
described as
as established.
established.
the
The
tanner crab
crab landed
landed has
has been
been taken
taken under
under permit
permit in
in the
the trawl
trawl
The only
only tanner
fishery
and handled
handled by
by processors
processors as
as an
an experiment.
experiment. Immediate
developfishery and
Immediate market
market development
is unlikely.
unlikely.
ment is
No commercial
commercial fishery
fishery exists
exists for
for red
red rock
rock crab.
crab.
No
The
shrimp species
species are
are not
not currently
currently landed
landed even
even though
though caught
caught in
in small
small
The shrimp
quantities.
quantities. The
The market
market for
for these
these "prawn
"prawn quality"
quality" shrimp
shrimp would
would undoubtedly
undoubtedly be
be
good should
should quantities
quantities of
of them
them be
be found.
found.
good
Gear
Conflict
Gear Conflict
Fisheries targeting
targeting on
on these
these species
species will
will probably,
probably, in
in part
part or
or excluexcluFisheries
sively,
sively, use
use pots
pots or
or traps
traps which
which are
are aa fixed
fixed location
location gear.
gear.
This
This will
will add
add to
to
existing
with the
the mobile
mobile trawl
trawl and
and troll
troll gear
gear in
in extensive
extensive use,
use.
existing conflict
conflict with
Enforcement
Enforcement
Action taken
taken to
to recognize
recognize the
the box
box crab
add to
Actioi
crab fishery
fishery won't
won't add
to existing
existing
enforcement
a possible
loophole for
enforcement demands
demands but
but will
will continue
continue a
possible loophole
for leaving
leaving
Dungeness
Dungeness crab
crab gear
gear in
in the
the ocean
ocean after
after Dungeness
Dungeness season
season closes
closes August
August 15.
15.
crab
should preclude
preclude this
crab regulations
regulations should
this possibility.
possibility
Box
Box
OARs to
to be
be Removed
Removed or
or Modified
Modified
OARs
In
In addition
addition to
to a
a few
few editorial
editorial changes
changes in
in the
the Division
Division 55 rules
rules there
there is
is
no longer
longer need
need for
for the
the provisions
provisions identified
identified below.
below.
no
-g-
ORS ?35-05-020(3)
Items (a),
(a), (b),
(b), (d)
(d) and
and (e).
(e).
ORS
635-05-020(3) Items
Surveys
cockle
Surveys have
have shown
shown that
that cockle
clams are
are not
not found
found in
in the
the bays
bays in
in question
question eliminating
eliminating the
the need
need for
for
clams
permissive
regulation.
permissive regulation.
635-05-145(3)
The words.,,.or
words •••• or any
any other
other matter,
matter, tools,
tools, boats,
boats, scows....
scows .••• The
The
635-05-145(3) The
remaining
of section
section (3)
(3) provide
provide protection
protection against
against oyster
oyster drill
drill
remaining words
words of
transfer
Netarts Bay
Bay to
to other
other bays.
bays. Removal
of these
these words
words frees
the
transfer from
from Netarts
Removal of
frees the
recreational
conflict with
with this
this rule.
rule.
recreational fishery
fishery from
from conflict
Discussion
Discussion
The proposed
proposed actions,
actions, with
with one
one exception,
exception, do
do not
not modify
modify existing
existing
The
fisheries, only
only recognize
fisheries,
recognize what
what is
is ongoing
ongoing or
or no
no longer
longer needed.
needed. These
crab and
and
These crab
shrimp fisheries
never be
be major
major fisheries
fisheries but
but they
they will
will continue
continue to
to
shrimp
fisheries may
may never
attract
effort. To
the degree
degree fishermen
fishermen are
are successful,
successful, Oregon
Oregon will
will have
have
To the
attract effort.
recognizing these fisheries
fisheries
benefited
from its
its fishery
fishery resources.
resources. Formally recognizing
benefited from
removes
on the
the part
part of
of fishermen
fishermen and
and manager
manager as
as to
to the
the fishery's
fishery's
removes uncertainty
uncertainty on
status..
status.
Gear conflict
conflict won't
won't be
be aa significant
significant problem
problem if
if the
the fishery
fishery doesn't
doesn't
Gear
develop.
If it
it does
then provision
provision for
it will
be needed,
needed, but
but can
can be
be given
given in
in
develop,
If
does then
for it
will be
context
of that
that time,
time.
context with
with conditions
conditions of
,
Oregon
requires that
Dungeness crab
crab gear
gear be
be removed
removed
Oregon administrative
administrative rule
rule requires
that Dungeness
from
the ocean
ocean when
when the
the season
season closes
closes August
August 15.
15. A
to
from the
A fisherman
fisherman failing
failing to
remove
remove Dungeness
Dungeness gear
gear could
could say
say that
that he
he was
was fishing
fishing for
for box
box crab
crab to
to avoid
avoid aa
citation. However,
summer fishing
Dungeness crab
crab is
is done
done inshore
inshore of
of box
box
However, summer
fishing for
for Dungeness
citation.
crab
grounds. AA line
line att the
the 40
fathom curve
curve delineating
delineating the
the shoreward
shoreward edge
edge of
of
40 fathom
crab grounds.
the
(and red
rock) crab
crab fisheries
fisheries at
at depths
depths beyond
beyond Dungeness
Dungeness ground
ground render
render
the box
box (and
red rock)
the
excuse ineffective.
ineffective.
the excuse
-10-10-
Rules
no closed
closed season
season or
or sex
sex or
or size
size requirement
requirement and
and for
for
Rules providing,for
providing for no
the
use of
pot or
or trap
trap gear
gear would
would continue
continue the
the existing
existing fishery.
fishery. However.
as
the use
of pot
However, as
mentioned aa shoreward
shoreward boundary
boundary on
on the
the box
box (and
(and red
is
mentioned
red rock)
rock) crab
crab fishery
fishery is
desirable.
desirable.
In-addition. using
using trawls
trawls for
for taking
taking shrimp
shrimp shoUld
should be
be restricted
restricted
In'addition,
to the
fishing for
for pink
pink shrimp
shrimp is
is allowed
allowed to
to avoid
avoid harmful
harmful effects
effects on
on
to
the time
time fishing
that
species.
that species.
Wording
should be
be made
made to
to existing
existing shellfish
shellfish rule
rule to
to focus
focus on
on
Wording changes
changes should
Dungeness crab
crab and
and pink
pink shrimp,
shrimp. to
to eliminate
eliminate error
error and
and to
to remove
remove some
some no
no
Dungeness
longer
in the
the remainder
remainder of
of Division
Division 5.
5.
longer applicable
applicable verbiage
verbiage in
Recommendation
Recommendati
on
The
and shrimp
shrimp rules
rules should
should be
be modified
modified to
to provide
provide for
for fisheries
fisheries on
on
The crab
crab and
Dungeness,
Dungeness, box,
box. red
red rock
rock and
and tanner
tanner crab
crab and
and for
for pink,
pink. spot,
spot, sidestripe
sidestripe and
and
coonstripe
shrimp.
coonstripe shrimp.
The
boundary for
for box
box crab
crab fishing
fishing should
should be
be 40
40 fathoms.
fathoms.
The shoreward
shoreward boundary
(
(
Trawling for
for any
any species
species of
of shrimp
shrimp should
should not
not be
be allowed
allowed November
November 11 to
to
Trawling
March
31.
March 31.
be removed.
removed.
Outdated
Division 55 rule
rule should
should be
Outdated Division
Fish Division
Division
Fish
May
May 21,
21. 1985
1985
-11-11-