OREGON
!/5i
Oregon Fish
and Wildlife
WildlifeCommission
Commission
Oregon
Fish and
Date: October
October 23,
23, 1998
1998
IEXHIBIT"
Fish & Wild life
SUBJECT
Developmental Fisheries
PRINCIPAL STAFF
STAFF
PERSON
Jean McCrae
COMMISSION
ACTION
REQUESTED
•
Amend Developmental Fisheries
Fisheries Program
Program rules
DOCUMENTS
INCLUDED
1.
2.
3.
4.
5.
6.
Agenda Item Summary
Developmental Fishery Permit Board Members
Hearing Notice
StaffReport
Staff Report
Draft Rules
if any received
Correspondence, if
RELATED
STATUTES
ORS
506.465
ORS 506.450
506.450- 506.465
RELATED RULES
OAR 635-006-0800
635-006-0800 through
through 635-006-0950
503-867-4741
PHONE:
PHONE: 503-867-4741
Read and
Read
and
Approved
by:
Approved by:
Division Chief
REDACTED FOR PRIVACY
Date _'-,,-'_:1.'-.::.'_'_9_ _
ate
REDACTED FOR PRIVACY
Attorney Genera
Generak6REDACTED FOR PRIVACY _ _Date ---,--,IO'-J-/-"'.0-1-1q......,d,,-'_
,
'Director
Director
~
-__Date __________
!r:~=-Date -!.../(}'4-/-L.7-J-1J4.Lri
__
______Date_________
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
I
,
t1
,
EXIIIBIT
34
Agenda
Agenda Item
Item Summary
Summary
BACKGROUND
•
This item is a review of
ofthe
Developmental Fishery Prothe Developmental
gram for 1998 as well as proposed
proposed rule
rule changes
changes in
in the
harvest program
program for some
some developmental
developmental fishery species
and requirements for permit applications.
PUBLIC
INVOLVEMENT
The Developmental
Developmental Fishery
Fishery Board
Board held
held 33 meetings
The
meetings in 1998.
Details
Activities are
are contained
contained in the staff
staff report.
Details of Board Activities
These
the
These meetings
meetings were
were "public
"public meetings"
meetings" and
and subject
subject to
to the
Oregon Public Meetings Law.
ISSUES, ANALYSIS,
See Outline of Staff Report
OPTIONS AND STAFF
RECOMMENDATIONS, ISSUES 1
THRU 7
DRAFT MOTION
I move to amend OAR 635-005-0064, 635-006-0850AND
635-006-09 10, as proposed by staff (with the following
changes...).
EFFECTIVE
EFFECT lYE DATE
January 1, 1999
of State
Secretary of
NOTICE OF PROPOSED RULEMAKING HEARING*
HEARING1
ofNeed
Fiscal Impact
Impact accompanies
accompaniesthis
thisform.
form.
A Statement of
Need and Fiscal
Oregon Department of
ofFish
Fish and Wildlife (ODFW) - Fish Division
635
Agency and
and Division
Division
Administrative
Administrative Rules
Rules Chapter
Chapter Number
Number
Jennell Hoehne
JenneliHoelme
(503) 872-5272,
8725272, Ext. 5447
(503)
Rules Coordinator
Telephone
2501 SW
SWFirst
Box 59;
59; Portland,
2501
First Avenue; P.
P. O.
0. Box
Portland, OR
OR 97207
Address
Address
Bay City Hall
10-23-98
8:00 a.m.
a.ill.
5525
Oregon
5525 B Street,
Street. Bay City,
City. OreRon
Hearing Date
Time
Location
Hearings Officer
Hearing Date
Time
Location
Hearings Officer
Hearing Date
Time
Location
Hearings Officer
Are auxiliary aids for persons with disabilities
disabilities available upon advance request?
Yes X
X
Yes
No
RULEMAKING
RULEMAK]NG ACTION
ADOPT:
ADOPT
Secure approval ofrule
of nate nwnbers
numbers with the
the Administrative Rules Unit
Unit prior to
to filing.
filing
AMEND:
OAR 635-006-0800 through
through 635-006-0950
635-006-0950
.EPEAL:
..EPEAL:
Renumber:Secure
Secureapproval
approvalofof
rulenumbers
numberswith
withthe
theAdministrative
AdministrativeRules
RulesUnit
Unitprior
priorto
tofiling.
filing.
Renumber:
rule
Amend and
and Renumben
Renumber:Secure
Secure
approvalofof
rulenumbers
numberswith
withthe
theAdministrative
AdministrativeRules
Rules Unit
Unit prior
prior to filing.
filing.
approval
rule
ORS 506.119
Other Authority
ORS 506.109, 506.450-506.465
Stats.
Stats. Implemented:
Implemented: ORS
ORS
SUMMARY
RULE SUNMARY
The proposed rules
mental fisheries
fisheries species.
species.
rules amend
amend the
the harvest
harvestprogram
programfor
forselecte
selecte develo mental
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
-;;~;;
October
1998
October 23,
23,1998
Last
Last Day for
for Public Comment
;yf
Authorized Signer and bate
tfle Oregon
"'The
Oregon Bulletfn
Bulletin is published on the 1st
1st ofeach
found in the Oregon Administrative
forms must
must be
besubmitted
submittedtoto
of each month
month and
and updates
updates the
the rule
rule text found
Administrative Rules
Rules Compilation.
Compilation. Notice fonns
the Administrative Rifles
Rules Unit:,
wtless this deadline
Unit, Oregon State
State Archives,
Archives, 800
800 Summer
SummerStreet
StreetNE.
NE,Salem,
Salem, Oregon
Oregon 97310
97310 by
by 5:00
5:00 pm
pm on
on the
the 15th day of
of the preceding month
month unless
deadline falls
a Saturday.
1997
Saturday, Sunday or legal holiday when
when Notice forms
forms are
am accepted
accepted until
until5:00
5:00 pm
pm on
on the
the preceding
preceding workday.
workday.
ARC 920
920._1997
Secretary of
of State
STATEMENT OF NEED AND
AND FISCAL IMPACT
of Proposed Rulemaking Hearing or a Notice olProposed
of ProposedRulemaking
Rulemakingaccompanies
accompaniesthis
thisform.
form.
A Notice of
Department of
ofFish
Wildlife -- Fish
Fish Division
Division
Oregon Department
Fish and Wildlife
635
Agency and Division
Administrative Rules Cha1*er
Chapter Number
In the Matter ofamendment
of amendment of
Chapter 635,
635, Division
Division 006
006
OAR Chapter
relating to Developmental Fisheries
))
))
))
))
))
Statutory Authority,
Statutes.Implemented,
Statutes Implemented,
Statement of
Need,
ofNeed,
Principal Documents Relied Upon,
Statement of
of Fiscal Impact
Impact
Statutory
Statutory Authority:
Authority: ORS 506.119
Other Authority:
Statutes Implemented: ORS
ORS 506.109
506.109 and
and 506.450
506.450 through
through 506.465
506.465
Need for the Rule(s):
are needed
needed to
to amend
amend the
theharvest
harvestprogram
programfor
forselected
selecteddevelopmental
developmental fisheries
fisheries species
species
The rules are
consistent with
with the implementing
implementing statutes.
Documents Relied Upon:
StaffReport
ofOctober
1998.
Staff Report for Oregon Fish and Wildlife Commission Meeting of
October 23, 1998.
ofFish
Wildlife, Fish
Fish
The above documents are available for public inspection in the Department of
Fish and Wildlife,
Division,
Division, Third
Third Floor,
Floor, 2501
2501 SW 1st Avenue,
Avenue, Portland,
Portland, Oregon,
Oregon, between
between 8:00
8:00 am.
am. and 4:30 p.m., on
normal working days, Monday through Friday.
Fiscal and Economic Impact:
See Attached
Yes,
these rules
rules were
were reviewed
reviewed by·
the
Yes, these
by the
Developmental Fisheries Board on May II
II and
and August
August 25,
25, 1998.
1998.
Administrative Rule
Advisory Committee
Committee consulted?:
consulted?:
Administrative
Rule Advisory
If
If not, why?:
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
REDACTED FOR PRIVACY
Authorized
Authorized Signer and
and Date
Administrative Rules
Rules Unit,
Unit, Archives
Archives Division,
Division, Secretary
secretary of
of State,
State, 800
800 Summer
5ummer Street
5treet NE,
NE, Salem,
Salem, Oregon
Oregon 97310.
V
1997
ARC 925
925.• 1997
Statement for
for the
the October 23, 1998 Hearing in the
the Matter
Matter ofthe
of the
Economic Impact Statement
Amendment ofRules
of Rules Relating
Relating to the Developmental Fisheries Program
Fiscal and economic impact:
The proposed
proposed rules
rules will
will affect
affect state
state agencies,
agencies, units
units of
oflocal
impact: The
local
government and the public, respectively, as discussed below:
a The
Theonly
onlystate
stateagency
agency which
which should be affected by adoption ofthese
a.
of these rules
rules is
is the
the
ofFish
significant changes from the current
Oregon Department of
Fish and Wildlife.
Wildlife. No significant
legislatively
legislatively approved
approved levels
levelsofthe
of thedepartment's
department's operations
operations or
or expenditures
expenditures are
are expected
expected
as a result of
of the adoption of
of these rules.
Nounits
unitsof
oflocal
government are expected to be affected by these
significant
b. No
local government
these rules.
rules. No significant
changes from
from the current levels
levels of
of any
any local
local agencies'
agencies operations or expenditures are
expected as a result of
of the adoption of
of these rules.
c.
c. The
The public
public could be mcted
affected by
bythe
theadoption
adoptionofthese
ofthese rules:
rules: The
The existing
existing statute and
rules require adoption
adoption of
ofaa list
list of
of developmental
developmental fisheries
fisheries species,
species, and the establishment or
or
maintenance of
of limited entry
entry harvest
harvest systems for the associated developmental fisheries.
fishenes.
For this hearing, ODFW
ODFW staff
staff proposes
proposes seven
seven items
items be
be considered.
considered.
Requirepurchase
purchaseof
ofappropriate
appropriatecommercial
commerciallicense
license before
before accepting
accepting applications
applications
(1) Require
speculationllininpermits,
a wayto
toreduce
redll(;especlllatio
permits, staff
staffisis recommending
recon:rrnending that
that permit
permit
for permits. As away
to first
first obtain
obtaintheir
theirvessel
vessellicense
license(or
(orindividual
individualfishing
fishing license
license in
in the
the
applicants be required to
case of
of permits to individuals)
before applying
applying for
for aa permit.
permit. Most in-state
individuals) before
in-state applicants
applicants and
and
out-of-state applicants
applicants who
who traditionally
traditionally land
land fish
fish in
in Oregon
Oregon are
are already
already participating
participating in
in
out-of-state
other Oregon fisheries,
fisheries, and will
will be
be purchasing
purchasing their
their Oregon
Oregon licenses
licenseswhether
whetherthey
they get
get aa
Therefore,we
weexpect
expectno
nonegative
negativeimpact
impacton
onthese
these harvesters.
harvesters.
permit or not. Therefore,
(2)
Remove the
the north/south
north/south split
split of
ofpermits
permits for
for squid,
squid, spot
spot prawns
prawns and sea cucumbers
(2) Remove
This would
would make
make it possible for harvesters
after the permit lottery has been completed.
completed. This
apply for and potentially
potentially harvest
who are otherwise confined to
to the north coast to apply
harvest in
in the
the
south coast area, provided permits were available
available after
after the
the permit
permit lottery.
lottery. We expect this
could have modest, positive effects on harvests.
(3) Add
Addfive
five bay
bay clam
clam permits specifically
specificallyfor
forthe
the south
south coast.
coast. This would make it ".
possible to increase the number ofpotential
of potential harvesters who take clams with dive gear on
south coast
coast only.
only. We
Weexpect
expectthis
thiscould
couldhave
havemodest,
modest,positive
positive effects
effects on
on clam
clam harvests.
the south
(4) Allow
Allow box
box crab
crab fishing
fishillg from November
This is
is expected
expected
November 1 through November
November 15.
15. This
have positive effects on
on bOx
box crab
crab harvests
harvests and
and no
no adverse
adverse effects
effectson
onharvests
harvestsof
of
Dungeness Crab.
(5) Allow
Allow swordfish
swordfish permits
permits and
and annual
annual landings
landings (for meeting permit
pennit renewal
requirements)
requirements) to run from February
February 11 through
through January 31
31 ofthe
of the next
next year.
year.If
If an
an Oregon
Oregon
permit holder does not meet the renewal requirements by
by December 31, he can not deliver
into Oregon during
during the
the month
month of
of January.
January. Ifpermits
If permits were good from
from February
February 11 through
through
January 31
ofthe
31 of
the next year, permit holders could deliver into Oregon in January
January rather
rather
than take their catch to California.
California This
This could
could have
have aa positive effect on Oregon landmgs.
landings.
Allowlimited
limited retention
retention of
ofthresher
sharktaken
takenincidentally
incidentally in the swordfish
(6) Allow
thresher shark
fishery.
Oregon may
fishery. Oregon
may have lost some swordfish deliveries
deliveries in
in the
thepast
pastthree
thee years when
when
boats fishing
fishing off our south coast have elected to land
land their
their catch
catch of
of swordfish and
incidental threshers in"Crescent
in Crescent City,
City, California,
California, rather than discard the threshers
threshera and
Oregon port. Vessels
Vesselscan
canalso
alsoland
landinto
intoWashington
Washingtonwhich
whichhas
has no
no gifi
gill net
net
come into an Oregon
prohibitions for either swordfish
swordfish or
or thresher
thresher sharks.
sharks. Because
Because these
these sharks are presently
not believe
believe this proposal would result in any
being caught and discarded dead, we do not
fishing mortality
added fishing
mortality for
forthresher
thresher sharks.
sharks. Some additional positive
positive impacts
impacts for
for Oregon
Oregon
harvesters and processors could result if the proposal is adopted.
adopted.
Waiverenewal
renewalrequirement
requirementfor
for brine
brine shrimp
shrimp cysts,
cysts, squid
squid and
and one
oneswordfish
swordfishholder.
holder.
(7) Waive
Because the conditions of
ofLake
Lake Abert have not been favorable for harvesting cysts,
cysts, staff
recommends the renewal landing
landingrequirement
requirementbe
bewaived
waivedthis
thisyear.
year. Also,
Also,due
dueto
to lack
lackof
of
availability of
for squid
squid permits
permits
availability
of squid staffrecommends
staff recommends waiver of
of the renewal requirement for
These waivers
waivers should cause no
for one year.
year. These
no adverse
adverse fiscal
fiscalor
or economic
economicimpact.
impact. Staff
Staff
also recommends waiver (for one year only)
the renewal requirement for
only) of
ofthe
for one
one swordfish
swordfish
permit holder who has invested $35,000 to $40,000 in gear, and indicates an economic
need to fish for swordfish next year.
3'ear. Adoption ofthis
of this waiver is expected to allow the
permit holder
holder to utilize
utilize the
the gear
gear next
next year
year as
as planned,
planned, and
and to
to make
make sufficient
sufficient landings
landings to
reach the renewal requirements.
Overall,
produce positive
positive economic
economic effects
effects for
for the
thepublic
public and
and
Overall, the rules are expected to produce
small
small business
business both
both in
inthe
the short
short run
run and
and in
inthe
thelong
longrun.
run. Rules relating to limited entry can
can
be viewed as imposing additional costs (in the form ofpermit
of permit fees)
fees) on harvesters in the
short run, and
and potentially excluding some harvesters who might not apply for limited entry
permits soon enough. However,
However, in
in the
the long
long run,
run, implementation
implementation ofthe
of the rules are expected
expected
---to
to yield positive economic effects by controlling
controlling the
the development of fisheries,
fisheries, so
so the
the..
fisheries
This isis intended
intended to
to help
help prevent
prevent the
thetypical
typical cycle
cycle
fisheries are sustainable
sustainable in
in the
the long
long run.
run. This
in fisheries
fisheries of boom (as a virgin :fish
fish stock is :fished
fished down to maximum sustainable yield
(when the stock
stock becomes
becomes incapable
incapable of
levels) and bust (when
of sustaining
sustaining yields at the initial
exploitation
exploitation level).
The rules are believed to be filly
fully compatible
compatible with legislative direction on the goals of
of fish
and wildlife
wildlife management in Oregon.
Most businesses affected by these rules are believed to be
be "small
"small business."
SEP 29 '99
10:32
ODF
P2/2
r:EFoRT
DEVELOPMENTAL
FISHERIES BOARD
DEVELOPMENTAL FISHERIES
BOARD
( as of
j, 1997)
1997)
(as
of A.ugust
August!,
Hcensed
60 Feet
Feet (two
(two positions)
positions)
Licensed commercial
commercial fisher,
fisher, operllting
operating vessel
vessel less
less than
than 60
•
Old River
River Rd,
Rd, NE,
NE Siletz, Otegon
Stan
j 483 Old
OJ'egon 97380,
(541) 444-2620.
Stan Schones, 1483
97380, (541)
444-2620.
•
Jerome
Jerome Grant, PO
PG Box 411,
411, Siletz,
Sileti, Oregon 97380,
97380, (541)
(541) 444-7405.
444-7405,
,j~)
Licensed
commerciil fisher,
fisher, operating
greater than 60
Licensed commercilll
operating vessel
vessel greater
60 Feet
Feet (two
(two positions)
positions)
•
Gerald Gunnari,
Gunnari, PO
P0 Box
Box 5435.
5435, Charleston, Oregon 97420,
97420, (541)
(541) 269-2352.
269-2352,
PO Box
Box 962,
968, Brookings,
Brookings, Oregon
O)'c~on 97415, (541)
Linda Brown, P0
(541) 469-8890.
469889O.
Commercial fishing
general (one
(one position
position
Commercial
fishing interest in general
•
,'-'1":"'2
12.)
•
Treewood Ct.,
Ct, Florence,
(541)997-8109.,
997-8109. 65
Leonard VanCurler, 4772 Treewood
Florence, Oregon
Oregon 97439,
97439, (541)
Person emoloyed
emoloyed by
fish processor
processor having
having fewer
fewer than
than50
50employees
employees (one
(one position)
pQ8ition)
Person
by aa fish
Bill Schreiber,
P0 Box
97118.
Schreiber. Smith Pacific Shrimp Cc.,
Co" PO
Box 738,
738, Garibaldi, Oregon 97118,
Person ernolayed
emoloyed by
fish Processor
processor having
having more
more than
than 50
50employees
employees (one
(one position)
position)
Person
by a fish
•
•
Scott Adams, Hallmark Fisheries,
97420. (541)
(541) 888-3254,
Fisheries, PO
P0 Box 5390,
5390, Charleston, Oregon 97420,
888-3254,
Oregon
Department of
of Fish
Fishand
andWAidlife
Wildlife emp'oyee
employee
Oregon Department
867-4741,
• Jim Golden, 2040 SE
SE Marine Science Dr,,
Dr., Newport, Oregon 97365, (541) 867-4741.
Oregon
of Agriculture
Agriculture employee
employee
Oregon Department of
•
World Trade
Trar.le Center,
Center, 121
97204-2987,
Dalton Hobbs, World
240, Portland, Oregon 97204-2987,
121 SW
SW Salmon, Suite 240,
(503) 229-6734
(503)
229-6734.
Ex
Ex Officio
Officio
•
226-2200.
SW 1st
1st Ave"
Ave., Portland, Oregon 97201,
Du1cich, The
The Pacific
PacIfic Group,
Group, 3220
3220 SW
97201, (563)
(503) 226-2200,
Frank Dulcich,
•
j?O Box
Box 569,
569, Astoria, Oregon 97103,
Joe Easley, Oregon Trawl Commission,
Commission, P0
97103, (503)
(503) 325-3384,
325-3384,
*•
Paul Heikkila, OSU
OSU Sea
Sea Grant
Grant Marine
Marine Extension
Extension Program, Coos
Coos County
County Courthouse
Courthouse Annex,
Annex, 290
Coqu.i1le, Oregon
Oregon 97391,
97391, (541)
(541) 396-3121,
Ext. 2.40.
240,
North Central, Coquille,
396-3121, Ext.
Hwy, Tidewater, Oregon
Di8aster Outreach
Outreach Program,
Program, 13408
Torn Shafer, Oregon
Oregon Salmon
Salmon Disaster
13408 Alsea Hwy.
97390,
(541) 528-7451.
97390, (541)
528-745!.
'Facilitlltor
Facilitator
•*
•*
Oono
CQastal Zone Management
using, Oregon Coastal
Management Association,
Association, PO
P0 Box 1033, Newport, Oregon
Cone Busing,
.
97365, (54fl
(541) 265-8918,
97365,
265-8912.
k)
'C
.
C
,cJ'
I
CA
'flee1oprnenta1 FisheriestibEam
StiiftReportTh'\ :;;
2
A
'C
/
A
C',
A
C
Summary of Staff Report
ODFW staff
staff isisproviding
providingaareview
review of
ofthe
the Developmental
Developmental Fishery
Fishery Program for 1998 and asking
Commission to adopt
adopt regulation
regulation changes in the harvest program for some developmental
the Commission
and requirements
requirements for
for permit
permit applications.
applications.
fishery species and
Key elements
elements and conclusions
conclusionsfrom
from the
the staff
staff report
report are:
•
One hundred and eighty-seven permits
permits for the harvest of developmental
developmental fishery
fishery species
species have
have
ofdevelopmental
developmental fishery species
species
been issued in 1998,
1998, through September 15. Most
Most landings
landings of
have been as by-catch in other fisheries.
•
staff observed and collected data from the experimental clam dredge fishery and
ODFW staff
continued to collect and analyze data on brine shrimp from Lake Abert.
•
The Developmental Fishery Board considered requests to: change requirements for permit
applications; remove the north/south split; add additional bay clam permits; allow box crab
fishing during November closure; allow thresher shark by-catch in the
the swordfish fishery;
fishery; and
and
waive the renewal requirements for the brine shrimp cyst and squid fisheries and one
0Ile -,
swordfish permit.
permit. The
The Board
Board will
will also pursue a legislative bill
bill to
to allow
allow an
an increase'in
increasein the
permit fees for out-of-state
out-of-state applicants.
applicants.
•
staff and Board recommend changes: in the requirements for applications; in the
The ODFW staff
split for
for permits;
permits; in
in the harvest
harvest programs for bay
bay clams,
clams, box crab, and swordfish
swordfish;
north/south split
and to waive renewal requirements for the brine shrimp cyst and squid fisheries and one
swordfish permit.
1
Outline of Staff Report
I.
L
Introduction
II.
IL
Annual Report
Report of
ofDevelopmental
Developmental Fisheries Activities .................................. Page 5
• Summarizes
Suniniarizes permits and landing activities of developmental fishery species.
ofdevelopmental
developmental fishery
fishery program.
program.
• Summarizes research and management activities of
III.
ifi.
Staff Analysis of Issues
Issues and Options - Recommendations ........................... Page 88
• Summarizes harvest programs and recent activities.
• Summarizes conclusion of
of the evaluation of
of effects.
effects.
.
a
Page 5
>'zqt:
Option A
(preferred) The Board and staff
staff recommend the Commission adopt rules
requiring that applicants for developmental fishery permits obtain their
vessel licerise
(of individual
iIldividl.iii.1 fishing
fishiIlg license
liCerise in
iri the case of
of permits
permits to
license (or
iIldividuals) before applying
applyiIlg for the permit.
individuals)
Option B:
No action:
action: status
status quo,
quo, commercial
commercial license is not required before applying
for a permit.
Option A
(preferred) The
TheBoard
Boardand
and staff
staffrecommend
recommend the
the Commission
Commission adopt
adopt rules
removiIlg the north/south
removing
northlsouth split for issuiIlg
issuing permits after permits
permits have been
issued through the lottery.
Option B:
status quo,
quo, the
the northlsouth
north/south split
split for
for issuing
issuiIlg permits remains
No action: status
for the entire year.
five up clam
rinds or out
0
Ofl J.
Option A:
staff recommend the Commission adopt rules
(preferred) The Board and staff
adding five bay clam permits which could be used only iIl
in south coast
areas.
Option B:
of10
10 permits,
permits, used
used state-wide.
state-wide.
status quo,
quo, aa total
total of
No action: status
2
,fssui4'.t,.
I6nuA
C
;.
cfhrngfronfr
il4th?iukJzNovenber
A:
Option A:
The Board
Board and
and staff
staffrecommend
recommend the Commission adopt rules
(preferred) The
allowing the harvest of crab from November 1I - 15 under a Developmental
Fisheries permit.
B:
Option B:
No action:
action: status
status quo,
quo, harvest of
of crab not allowed from
from November
November 11- 15.
15.
Option A
(preferred)
The Board
Board and staff
staff recommend the Commission
(preferred) The
Commission adopt
adopt rules
rules
to allow swordfish permits
permits to
to be
be valid and the
the annual
annual landing
landing requirements
requirements
run from February 1I through January 31 of
of the next year.
B:
Option B:
action: status quo, swordfish permits and annual landing run from
No action:
of each year.
January 1I through December 31 of
ta
'r1.'>..'."
Issutó.
,
'4l1w retáiztzon of thresldr,hidin sword)
-
4.
. ,- -.
ely.
4
t2 '
2I
Option A:
A:
(preferred)
The Board
Board and
and staff
staff recommend
recommend the Commission al)ow1.he
(preferred) The
allowThe
issuance of experimental gear permits to allow the
the retention of
of thresher
thresher
shark in the swordfish fishery
of one thresher shark for every
fishery at a ratio of
swordfish taken.
two swordfish
Option B:
of thresher shark allowed under
No action: status quo, no by-catch of
swordfish permits.
permits.
Option A
(preferred) The Board and staff
staff recommend the Commission waive the
renewal requirements for the brine shrimp cyst fishery, the squid fishery,
year only.
only.
and one swordfish permit for this year
33
Option B:
No action:
action: status
status quo,
quo, permit
permit holders must meet landthg
landing requirements to
renew the permits.
permits.
Oregon AdministrativeRules
Rules...................................................................................... Page
Page 15
15
OregonAdministrative
Appendix A.
20
A. Experimental Clam DredgeDredge - Progress
Progress report
report ..................................... Page 20
4
4
I.
II.
Introduction
The public hearing on
of the
the Developmental
Developmental Fisheries
Fisheries Program.
Program.
on October
October 23
23 is
is the annual review of
At the
the hearing,
hearing, ODFW
ODFW staff
staffwill:
will: 1)
activities of
of the
the Developmental
Developmental Fisheries
Fisheries
1) describe
describe the
the activities
Program
in
1998;
and
2) recommend
recommend changes
changes to
programs for some
some developmental
developmental
Program 1998; and 2)
to the harvest programs
fishery species and
and requirements for permit
pe=it applications.
applications.
II. Annual
AnnualReport
ReportofofDevelopmental
DevelopmentalFisheries
Fisheries Activities
Activities
Permits
Permits
ODFW staff
staff has
has issued
issued 187
187 permits
pe=its for
for the
the harvest
harvest of
ofdevelopmental
developmental fisheries
fisheries species through
through
1998 (Table
Of the more than 145
145 permits
landing
September 15, 1998
(Table I).
1). Of
permits issued
issued in 1997, 37 met the landing
requirements for
for renewal
renewalfor
for1998
1998(almost
(a]mostdouble-from
double fromthetheprevious
previousyear).
year).The
Thepe=its
permits for
for five
five
fisheries (bay
clams, spot
prawns, coonstripe
coonstripe shrimp,
squid, and brine
brine shrimp)
shrimp) were
were issued
issued
fisheries
(bay clams,
spot prawns,
shrimp, squid,
through a lottery as there were
were more
more applicants
applicantsthan
thanavailable
availablepermits
permitsby
bythe
the filing
filingdeafuine.
deadline. All
were issued
issued for seven fisheries or
or areas.
areas.
available permits were
Landings
Landings of developmental
developmental fisheries
summarized in Table
Table 2.
2.
Landings
fisheries species
species through
throughAugust,
August, 1998
1998 are
are summarized
The majority of
landings of
of developmental
developmental species
species were
were taken
taken as
as by-catch
by-catch in other fisheries.
of the landings
fisheries.
landing fees
all categories
categories have
generated approximately
The landing
fees for species in all
have generated
approximately $11,500
$11,500 into
into the
developmental fisheries
fisheries fund
fund in 1998,
1998, through August.
developmental
Research
Research
OCEAN CLAMS
An experimental gear permit was
was issued
issued to
to the
the FN
F/V Lady
Lady Rosemary
Rosemaryto
to use
use dredge
dredge gear
gear to
to harvest
clams off the
Oregon coast.
200 tows
tows were
were made
made between
between the
the
clams
the Oregon
coast. During
During June
June and
and July,
July, over 200
Columbia River and below Cape Blanco searching
for commercially
viableclam
clambeds.
beds.T4e
The main
Columbia
searching for
commercially viable
species of interest
species
interest was
was razor
razor clams,
clams, but
but other
otherclams
clams such
suchasascockles
cocklesand
andgapers*
gapers" were also
also
explored.
Staffmade
explored. Staff
made two
tworide-along
ride-alongtrips
tripsobserving
observingthe
theoperation
operationofofthe
thegear
gearand
andby-catch.
by-catch. An
Few commercially
commercially
underwater video
video camera
camera was
was installed
installedon
onthe
the dredge
dredgetoto observe
observethe
the habitat.
habitat. Few
viable
The project
project generated
generated some
some public
public concern
concern regarding
regarding the
viable beds
beds were
were found.
found. The
the effects
effects of the
gear
gear on
on the
the habitat
habitat and
and other
other resources,
resources,especially
especiallyDungeness
Dungenesscrab.
crab.Appendix
AppendixAA isis aa progress
report summarizing the work done with the clam dredge in 1998.
1998.
BRINE SHRIMP
level of the
the lake
lake
Staff continues
continues to
to collect
collect brine
brineshrimp
shrimpand
andwater
water data
data from
from Lake
Lake Abert.
Abert. The
The level
Average density
density estimates
estimates of
continues to increase and has a relatively low salinity (42-52 ppt). Average
shrimp range from 600 to 68,000 shrimp/m3
shrimp/m3 based on samples analyzed
analyzed to date.
date.
MACKEREL
Finfish
continues to
collect stomach
stomach samples
Finlish staff continues
to collect
samples from
from mackerel
mackereltotodetermine
determinethe
the role
role of
in salmon
salmon predation. So far, no salmon have been found in mackerel stomachs.
mackerel in
5
1. 1998
1998 Developmental
Developmental Fishery
Fishery Permits
Pennits (as
(as of
of9/15/98).
9/15/98).
Table 1.
Permits
Allowed
25
10
10 other
other
lonpline
20 lon2ljne
15
15
Pacific hapfi'h
hagfish
blue shark
<hark
swordfish
northern
anchovy &
northernanchovy&
Pacific herring
herrinp
Pacific sardine &
P.cific saury
<aurv
Pacific
P"cific sandfish
'andfish
Pacific
smelt
P"ciiic
Pacific nomfret
nomfret
sleneer
iender sole
Permits
Iccued
Issued
-
m.rine snails
marine
brine shrimp
10
10
20
10
10
-
25
14
10
4
4
(3NI1S) trawl
6 (3N/3S
10
10 15N15S)
(5N/5S other
10
"
5
3*
_J*
1* 13*
/
5*
_5*
"* /1 5*
10*
- 10*1
9
jJ* 17*
1
10
10
30 (15N/15S
(]5NI15S) trawl
,011
'NlI5S) other
30
(15N/15S)
6 trawl
trawl
6 other
other
66 r,N13
S) trawl
traw I
(3N/3S)
10
(SNI5S) diver
diver
l0(5N/5S)
10
(,NI"S) other
l0(SN/5S)_other
10
13 adults
adult,
11 cv<t<
cysts
total
**
2
12
12
15
box
crab
xcrab
Oregon hair crab &
&
scarlet
king crab &
scarletkingcrab&
,,"ooved tanner crab
m'ooved
spot shrimp
sea
cucumber
;a cucumber
13
10*
10*
me1t20
coonstriped
shrimp &
coonstripedshrimp&
sidestrine shrimp
<hrimn
adestnoe
cockle clams
bav clams
bay
oiant
octoous
giant octopus
California
market squid
Californiamarket
other
jther snuie
squid snn
spt,
fragile urchin
Renewals
frnm
1001
from 1997
all
all available permits issued
-- permits
permits issued
issued geographically
geographically by home port;
port,
N/S -.
50% SS
at Hetecta
Hetecta Head,
Head, 50% N, 50%
split at
6
17*/17*
/
_24*
24*/1"*
/ 15*
3/1
3 /j
2 /1
2
1
1
77
33
1/6(,
441/
3*
_3*
3* /13*
1 1/27.
_1
2
3*
,*
1*
1*
I
I
187
37
Landingsof
ofdevelopmental
developmental fisheries
fisheries species,
species, by
by category,
category, through August, 1998
Table 2. Landings
Cate!!orv A
Pacific hagfish
hagflsh
blue shark
swordfish
northern anchovy
Pacific herring
Pacificherring
Pacific sardine
Pacific saury
samy
Pacific sandfish
sandflsh
smelt
Pacific pomli-et
pomfret
slender sale
sole
Pounds
1,648
2,008
-
157,916
1,720
-
Cate!!orv B
salmon shark
hagfish
black hagflsh
Eelpouts
skilfish
carp
yellow perch
brown bullhead
bulthead
northern squawfish
Pounds
-
-
-
7,568
-
euphausiids (krill)
Pacific sand crab
freshwater mussels
freshwatermussels
box crab
333
Oregon hair crab
scarlet Icing
king crab
tanner crab
crab
grooved tanner
104,681
spot shrimp
coonstriped shrimp
10O
100
sidestripe shrimp
butter clams
17,072
cockle clams
11,975
gaper
gaperclams
clams
1,134
littleneck clams
3,347
sofishell
softshell clams
798
giant octopus
7,579
California market squid 18,140
other squid spp.
fragile urchin
sea cucumber
marine snails
shrimn
brine shrimu
10200
10.200
-
Cate~orv C
spiny dogfish
soupfin shark
souplin
skate
American shad
Pacific cod
Pacificcod
Pacific flatnose
Pacific grenadier
cabezon
sculpins
kelp greenling
jack mackerel &
&
Pacific mackerel
Pacificmackerel
greenstriped rockfish
rockflsh
redstripe rockfish
shortbelly rockfish
sharpchin rockfish
splitnose rockfish
Pacific sanddab
butter sole
English sole
rex sole
rock
sale
rocksole
sand sole
sale
lemon sole
spotted raffish
ra!fish
wolf-eel
walleye pollock
Pounds
260,030
2,245
384,177
183,556
139,560
1
-
406,597
38,693
7
19,319
1,093,143
red rock crab
pUlple
purple sea urchins
craVti<h
crayfish
247,511
6,598
839,249
416,349
11,159
87,687
4,660
°
0
4,275
16
1,995
-
36881
36.881
Board
BoardActivities
Activities
The Developmental Fishery Board held
held three
three meetings
meetings in
in 1998.
1998. The first meeting was a
conference call to consider a request
request to
to increase
increase the
the number
number of
of squid
squidpermits.
permits. The Board
of15
15 squid
squid permits for 1998.
1998.
recommended and
and the
the Commission
Commission approved
approved and
and increase
increase of
recommended
their regular
regular meeting in May, the Board considered requests to waive renewal requirements for
At theft
the brine shrimp cyst fishery, add additional bay clam permits for
for south
south coast
coast harvesters,
harvesters, allow
of thresher shark
shark in
in the
during the
the November closure, allow
allow the retention
retention of
box crab fishing during
swordfish fishery, and change the
the annual
annual dates
dates for
for swordfish
swordfish landings.
landings. The Board also
considered a request to add live fish to the Developmental species list but took no action.
At their
theft third meeting in August, the Board considered requests to change requirements for
applications, review the north/south"
northlsouth split for issuing permits, and reviewed
reviewed renewal
renewal requirements
for all species.
1999 Legislative session to increase
increase
The Board intends to ask a legislator to sponsor aa bill for the 1999
the permit fees for out-of-state applicants
The Board
Board also
also intends to consider
applicants to
to $200.
$200. The
of renewal requirements.
developing guidelines for
for future requests for waivers of
7
StaffAnalysis
Analysisof
ofIssUes
Issues and Options - Recommendations
III. Staff
The following discusses staff recommendations.
of proposed rule changes is
recommendations. The full text of
15.
attached beginning on Page 15.
Background
ofPermitfees.
fees.
Background ofFermit
Presently, anyone may apply
apply for aa developmental fishery permit by submitting the $75 fee
fee with
with
the application. IfIfthey
theyare
areunsuccessful
unsuccessful in
inobtaining
obtaining aapermit
permitthrough
through the
the lottery,
lottery, the
the money
money isis
refunded (except
(except aa $10
$10 application
application fee).
refunded
In 1998, there was a considerable
considerable amount
amount of
of interest
interest for
for squid
squidpermits.
permits. Many
Many individuals
speculated that because of
of el-nino, there would be a large squid fishery
fishery in
in Oregon
Oregon similar
similar to
to the
the
fishery
fishery that occurred after the
the el-nino
el-nino in
inthe
theearly
early 1980's.
1980's. Initially, only three
three of the
the 30 possible
permits for seine gear were issued
issued to
to Oregon
Oregon vessels.
vessels. Because several Oregon
Oregon vessels
vessels with
with
did not initially get
get a permit, the Commission
Co!11Iriissio!i allowed additional permits
historical squid landings did
to be issued to allow
allow Oregon
Oregon vessels
vessels to participate in
in the
the squid
squid fishery
fishery for 1998.
1998.
In an effort to reduce future speculation by
by out-of-state
out-of-state applicants,
applicants, the
theBoard
Boardwill
willbe
be asking
asking aa
legislator to sponsor a bill to
to increase
increase the
thepermit
permit fee
feefor
forout-of-state
out-of-stateapplicants
applicantstoto$200.
$200. If
If
approved, the fee increase would not take
take affect until 2000.
2000.
to reduce
reduce speculation,
speculation, the Board is recommending that permit applicants be
be
As another way to
required to
to first
first obtain
obtain their
their vessel license (or individual fishing license in the case of
required
of permits to
individuals) before applying
applying for
for aa permit.
permit. Most in-state applicants are
are already
already participating
participating in
in
fisheries and
and will
will be
bepurchasing
purchasingtheir
theftOregon
Oregonlicenses
licenseswhether
whetherthey
theyget
geta{permit
aermit or
other Oregon fisheries
or
not.
not
Option A:
A:
The Board and staff recommends the Co!11Iriission
Commission adopt rules
rules requiring
that applicants for developmental
developmental fishery
fishery permits
permits obtain
obtain their
theirvessel
vessel license
license (or
(or
individual fishing license in the case of permits
permits to
to individuals)
individuals) before
before applying
applying for
for
the permit.
(preferred)
(preferred)
Option
B: NoNo
action:status
status
quo,commercial
commerciallicense
licenseisisnot
notrequired
required before
before applying for
Option B:
action:
quo,
for aa
permit.
8
north/south split
o/north/south
split to
to issue permits.
Background of
Currently, there is a north/south split for
for issuing
issuing permits
permits for
for spot
spot prawns,
prawns, squid,
squid, and
and sea
sea
Thesplit
splitdoes
does not
not limit
limit where
where aa vessel
vessel may
may fish,
fish, itit limits
limits how the permits are issued;
cucumbers. The
with home ports on the north coast and 50% to vessels
50% to vessels with
vessels with home
home ports
ports on the
the
Theintent
intentof
ofthe
the split
split is
is to
to prevent
prevent the
the concentration
concentration of
of permits issued in one area.
south coast. The
2'
-C4''.
1998, there
there was
was enough
enough interest in squid seine permits where they were issued through a
In 1998,
area, but not
The remainder of
of the south
lottery for the north coast area,
not for
for the
the south
south coast
coast area.
area. The
were eventually
eventually issued, but all to out-of-state
out-of-state applicants because the in-state
coast permits were
applicants on
on the
the north
north coast could not apply for them.
The Board
Board and
and staff
staff is recommending
recommending once the lottery is completed, the north/south split for
spot prawns, squid,
squid, and sea cucumbers be removed and permits made
made available
available to
to any applicant
regardless of
ofhome
home port.
port.
regardless
Option A:
A:
(preferred)
the Commission adopt
adopt rules
rules removing
removing
(preferred) The Board and staff recommend the
the north/south split for issuing permits after permits have been issued through the
lottery.
Option
Option B:
B: NoNo
action:
action:status
status
quo,
quo,
thethenorth/south
north/southsplit
splitfor
forissuing
issuingpermits
permitsremains
remains for
for the
entire year.
Background 0/
CommercialBay
Fisheiy
Bay Clam Fishery
of Commercial
HARVEST PROGRAM
PROGRAM AND PERMIT ACTIVITIES
•.
There
1998,
There are
are ten
ten permits
permitsavailable
availablefor
forthe
theharvest
harvestof
ofbay
bayclams
clamswith
withthe
theuse
use of
of dive
dive gear.
geaf. In 1998,
seven of
of the permits were renewed from the previous year.
Since bay clams were put on the Developmental Fisheries list,
list, only one
one or
or two
two individuals
individuals from
from
south coast areas have, annually,
annua;ilY, received
received!!a permit and no landings have been made with dive gear
from south coast estuaries. Several
Severalindividuals
individuals from
from the
the south
southcoast
coast feel
feel their
their fisheries
fisheries are being
unintentionally limited
limited due
due to the larger number of
of permits and applicants from north coast areas.
unintentionally
In 1997,
1997, the
the Board
Board considered
considered a request to issue all bay clam permits
permits geographically,
geographically, but
but did
did not
not
make a recommendation.
Board and
and staff
staffare
are recommending
recommending five permits be added for the harvest of
of bay clams with
with
The Board
dive gear; however, to prevent further increase in permits to north coast areas, these five permits
would be
be limited
limited to
to harvesting
harvesting in south coast areas only
of Heceta Head).
would
only (south of
9
Option A: (preferred): The Board and staff recommend
recommend the Commission adopt rules adding five
pe=its which could be used only
only in
in south
south coast
coast areas.
areas.
bay clam permits
Option B:
B: No
Noaction:
action:status
statusquo,
quo,aatotal
totalofof10
10permits,
permits, used
used state-wide.
state-wide.
Option
o/Commercial
Box Crab Fishery
Background of
CommercialBox
to the opening of
OAR 635-005-0064 prohibits
prohibits harvest
harvest ofboxfTanner
of box/Tannercrab
crabfrom
fromNovember
NovemberIIto
of the
season. The
The November
November closure
closure of
of all ocean crabbing was put into place in
next Dungeness crab season.
1994 (Before Developmental Fisheries
Fisheries pe=its
permits were
were established)
established) to
to discourage
discourage the
the illegal
illegal use of
crab gear prior to the Dungeness
crab
opener.
At
the
time
of
the
discussions,
no
crab
Dungeness crab opener.
discussions, no crab pot
pot
landings of
of any ocean crab species had been recorded in the month of November.
November.
In 1997, several box crab permit holders expressed that the time between pink shrimp and
ExperimerifuI gear
gea.r permits were
Dungeness seasons is a prli11e
prime time
timetotoexplore
exploreother
other fisheries.
fisheries. Experimental
issued to box crab permit holders in 1997 to allow fishing for box crab from November 1I - 15.
ofthe
the Dirngeness
DU11geness
Prior to issuing the
the experimental
experimental gear permits, we
we contacted
contacted most
most members
members of
Crab Commodity Commission for feed back and heard no concerns.
concerns. We
We also
also received
received no
no
complaints from
from any
any Dungeness
Dungeness crabbers.
crabbers.
The Board and staff
staff are recommending box crab fishing be allowed from November 1 - 15.
Option A: (preferred)
The Board and staff recommend
(preferred) The
recommend the
the Commission
Commission adopt
adopt rules
rules allowing
of crab from
15 under a Developmental Fisheries permit.
the harvest of
from November 1 - 15
. ..,;"~.
.
;
OptionB:No
Noaction:
action:status
status
quo,harvest
harvestofofcrab
crabnot
notallowed
allowedfrom
from November
November 11- 15.
15.
OptionB:
quo;
Background o/Commercial
Swordfish Fishery
Fishery
of Commercial Swordfish
AND PERMIT
PERMIT ACTIVITIES
ACTIVITIES
HARVEST PROGRAM A}D
For the first
first two
two years,
years,
Ten permits are available for the harvest of swordfish with
with gillnet
gilinet gear.
gear. For
permits were issued through the
the lottery.
lottery. For 1997 and 1998, all ten
ten pe=its
permits were
were issued,
issued, but
but not
not
through the lottery. Landing
Landing of
ofswordfish
swordfish into
into Oregon
Oregon for 1995-1997
1995-1997 have been 5,530 Ib,
Ib, 35,417
lb, and 12,729 lb,
Ib, respectively.
respectively. These
These landings
landings don't
don't reflect aa new
new fishery.
fishery. Swordfish have long
off Oregon, but were always taken to California where delivery was legal.
been gillnetted off
IZ7t
r
r°
7ssae 5$
/"S
4rt
5%4fl4f
swordfish pennztc and arnñtal landings9táWfr3mfèbruaiy1
-
¶
10
10
of the swordfish fishery occurs in the fall and winter, from October through
The majority of
anOregon
Oregonpermit
permit holder
holder does
does not
not meet
meet the renewal requirements by December 31, he
January. IfIfan
can not deliver into Oregon during the month of
of January because of
of the February 1I application
application
deadline.
permits were
were good
good from
from February 1 through January 31
deadline. IfIfpermits
31 of the
the next
next year,
year, the
the permit
permit
deliver into
into Oregon
Oregon in January and possibly meet the renewal requirements for the
holder could deliver
permit.
the annual
annual landing
landing
The Board and staff
staff recommend the swordfish permits be valid and the
31 of
ofthe
the next
nextyear.
year.
requirements run
run from
from February
February 11through
through January
January 31
requirements
Option A:
(preferred) The Board
(preferred)
Board and
and staff recommend the
the Commission adopt rules
rules to
to allow
swordfish permits to be valid and the annual landing requirements run from
February 1 through January 31
31 of the next year.
Option
Option B:
B: NoNo
action:
action:
status
status
quo,
quo,swordfish
swordfishpermits
permitsand
andannual
annuallanding
landing run
run from
from January
January 11
31 of
of each year.
through December
December31
--
Jsthe6.
Allow retention ofthresher shark in swordfish fishery
of thresher sharks taken incidentally in
in the
the
Oregon fishers have requested to allow the retention of
swordfish fishery.
Deliveryof
ofthreshers
threshers is
is legal
legal in
in California, where landings have been 350,000
fishery. Delivery
- 400,000 Ib
Oregon fishers contend Oregon has lost some
lb in recent years.
years. Oregon
some swordfish
swordfish deliveries
deliveries in
in
the past three years when boats fishing
fishing off our south
south coast
coast have
have elected
elected to
to take
take their
their catch
catch of
of
swordfish and incidental threshers to Crescent City,
City, CA rather than discard the threshers and
and
come into an Oregon port. Vessels
Vessels can
can also
also land
land into Washington
Washington which has no gill net
either swordfish or thresher sharks.
sharks. The alternative is
prohibitions for either
is that
that these
these sharks
sharks are.
are
presently being caught
caught and
and would
would be discarded
discarded dead;
dead; we
we do
do not
not believe
believe this proposal Would
~(mldresult
result
in any added fishing mortality for thresher sharks.
The by-catch of
of marine mammals and birds
birds has
has long
long been
been aa concern
concern of
of any
any gillnet
gilinetfishery.
fishery. In
recent years, the swordfish
swordfish fishery
fishery has been
been operating on a take reduction plan under the
National Marine Fisheries Service (NMFS)
(NMFS) to
to reduce
reduce by-catch.
by-catch. With modifications in the gear
such as the use of
of pingers,
pingers, the
the total
total by-catch
by-catch rate
rate has
has reduce
reduce in
inrecent
recentyears.
years. NIVIFS
NMFS does not
not feel
feel
of thresher
thresher sharks
sharks for
for Oregon
Oregon vessels
vessels would
would increase
increase the
the by-catch
by-catch of
ofmarine
marine
the retention of
mammals or
or birds.
birds.
We would
would issue
issue
OAR 635-04-110 prohibits the commercial take of thresher sharks
sharks with
with gillnets.
gilinets. We
an Experimental Gear Permit
Permit (along with the Developmental Fishery Permit) to allow the ,
retention of a small number of thresher sharks
sharks taken
taken incidentally
incidentally while
whileswordfish
swordfishfishing.
fishing. The
of one thresher shark for every two
retention would be allowed at a ratio of
two swordfish to
to prevent
of thresher sharks. Staff
Staff has contacted California, Washington, and PSMFC and
any targeting of
objections with
with issuing
issuing this permit.
none have any objections
11
11
Option A:
A:
(preferred) The Board and staff recommend the
(preferred)
the Commission
Commission allow
allow the
the issuance of
experimental gear permits to allow the retention of thresher shark in the swordfish
of one thresher shark
shark for every
every two
two swordfish
swordfish taken.
fishery at a ratio of
B: NoNo
action:status
statusquo,
quo,no
noby-catch
by-catchofofthresher
thresher shark
shark allowed
allowed under swordfish
Option B:
action:
permits.
Background ofRenewal
ofRenewal Requirements
The Board has had several discussion regarding renewal requirements;
requirements; how
how to
to allow
allow for
for more
more
of permits when they are not being used and also
turnover of
also how to
to allow other criteria (e.g.
(e.g. fishing
conditions, searching effort,
effort, or investment)
investment) for
for renewal.
renewal. Next spring, the Board will consider
draft
drafi guideline for
for future
future requests
requests to
to waive
waive renewal
renewalrequirements.
requirements. For this
this year,
year, the
the Board is
recommending waiving the renewal
renewal requirements
requirements for
for the
the brine
brine shrimp
shrimp cyst
cyst fishery,
fishery, the
the squid
squid
swordfish permit
permit for
for this year
year only.
only.
fishery, and one swordfish
COMMERCIAL
COMMERCIAL BRINE SHRIMP
SHRIMP FISHERY
Harvest Program and Permit Activities
There are
are four
fourpermits
permitsfor
forthe
theharvest
harvestof
ofbrine
brineshrimp;
shrimp;one
onefor
forharvest
harvestofofcysts
cysts and
and three
three for
for
There
is January
January 11 through
through March 31
31 and,
and, beginning
beginning in
harvest
harvest of
of adults.
adults. The season
season for
for cyst harvest is
1998,
November
1
through
December
31.
The
season
for
adult
harvest
is
May
I
through
1998, November 1 through December 31. The season for adult harvest is May 1 through August
Ib annually
annually for each
each permit. The renewal requirement for each
each
31.
Landings are
are limited
limited to 50,000
50,000 lb
31. Landings
of 5,000 pounds.
each fishery is a total of
The
renewal requirements
and one adult
adult
The renewal
requirementsfor
forthe
the one
one cyst
cyst permit
permit were
were waived
waived from
from last
last year
year and
renewed. Seven
Seven applications
applications were
permit was renewed.
were received
receivedfor
forthe
thetwo
twoavailable
availableadult
adultpermits.
permits, A
lottery was held on February 5th to issue the permits.
active this
thjs stirnmer,
siJmmer,
For the second year,
year, there
there was
was no
no harvest
harvest of
of cysts.
cysts. One adult harvester was active
making sufficient landings to renew the permit.
COMMERCIAL SQUID FISHERY
Harvest Program and Permit Activities
A total of
of 60 developmental fishery
fishery permits are available
available for
for harvesting
harvesting squid,
squid, 30
30 for
for seine
seine gear
gear
Inthe
the last
lastthree
three years,
years, no
no more
more than
than 32
32 permits
permits were
were issued
issued in
in any
any year.
year.
and 30 for trawl gear. In
This year, there was a considerable amount speculation because of past increases in activities
during and after el-nino
el-nino events.
events. Because several Oregon vessels
vessels with
with historical
historical squid
squid landings
landings did
did
not initially get a permit, the Commission allowed 15
15 additional
additional permits
permits to
to be
be issued
issued to
to allow
allow
Oregon vessels to participate in the squid fishery for 1998; 13 of the permits were actually
issued.
A total of 17,130 pounds of squid
squid has
has been
been landed
landed this
this year,
year, through
through July.
July. One permit holder
made enough landings to meet the renewal requirements.
12
12
.-
Jssue7.
Waive renewal requirement/or brine shrimp cystv; squid, aiWone/swozdfish permit holderj
Brine
Brine Shrimp
Shripp
Between mid October,
pe=it holder
holder and/or staff collected
October, 1997
1997 and
and mid
mid March,
March, 1998,
1998, the
the cyst permit
eight
samples contained over 85% hatched/broken
hatchedlbroken cysts.
eight samples
samples of cysts
cysts from
from Lake
LakeAbert.
Abert. All
All samples
cysts.
Salinity
Salinity ranged
ranged from
from 43
43 -- 52
52ppt.
ppt. The
The water
waterlevel
level of
of the
the Lake
Lake has
has risen
risen over
over the
the last
last three
three years
to a level near the
average
for
the
last
30
years
(Figure
1),
decreasing
the
salinity
of
the
It
the average for the last 30 years (Figure 1), decreasing the salinity of thewater.
water. It
appears, low salinities
salinities cause
bottom where
where they
they are
are not
not available
available for
appears,
causethe
thecysts
cyststoto sink
sink to
to the bottom
harvest and stimulates
stimulates them
year. To reach
reach salinities
salinities which
which would float
float
them to
to hatch early in the year.
and keep
keep them
them from
from hatching
hatching so
more), the level
level of
of the
the lake
lake
cysts and
so quickly
quickly (perhaps
(perhaps 90
90 ppt
ppt or more),
may need to drop below
below a level
level of
of 4250 ft.
.
fi.
Because the conditions
conditions of
ofthe
the lake
lake are have not been favorable for harvesting cysts, the Board and
and
staff reconinend
recommendthe
therenewal
renewalrequirements
requirementsfor
forthe
thecyst
cystpermit
pe=itbe
bewaived
waivedfor
forthis
thisyear.
year.
staff
4265 - , - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . ,
--0--
lake level
1951-1997 average
§
4260
426C
]
U
<l)
C)
C-
'c0>
:s
5
4255
C)
-
4250
4245
4245
o
<>
.,.,
'"
.,.,
.,.,
Ln
0
<>
.,.,fl
'"
'"
.,.,
fl
tN
'"
C
<>
N
'"-
- -'" - - - -
'0
'"
'"
¼0
t-
Year
C
<>
oo
'"
-
.,.,
<>
- -
oo
00
'"
'-
'"
'"-
.,.,
'"
'"
0\
Waterlevel
level of
ofLake
Lake Abert,
Abert, Oregon,
Oregon, 1951-1997
1951-1997 (level
(level taken
taken as
as close
close as
as
Figure 1. Water
wate=aster).
possible to October each year by
by Lakeview
Lakeview watermaster).
13
13
<>
0
<>
0
<>
N
Squid
There was considerable effort in locating
locating spawning
spawning schools
schqols of
of squid,
squid, but
butfew
fewwere
werefound.
found. There
were
of egg cases in deeper water
holder
were reports of
water out
out of
of reach
reach of
of squid
squid gear.
gear. Only one permit
pennit holder
made
made enough landings to meet the
the renewal
renewal requirements.
requirements. Six other permitted vessels
vessels made
made small
landings, but not enough for renewal.
Due
squid, the
Due to
to the ladk of availability of squid,
the Board
Board and staff recommend
recommend to
to waive
waive the
the renewal
renewal
requirements for all squid
permits
for
this
year
only.
squid permits for this year only.
Swordfish
waive the
the renewal
renewal requirements
requirements for
for his
his permit.
permit.
One swordfish permit holder has requested to waive
This is
is the first year he has had a permit and has made considerable investment in gear ($35Hefeels
feels his
his time,
time, investment,
investment, and effort
effort should
should be considered in renewal
40,000) during this year. He
to make
make sure
sure he
he isis able
able to
to utilize
utilize the
the investment
investment next
next year.
year.
requirements and wants to
staff recommend the waiver ofrenewal
The Board and staff
of renewal requirements for
for this
this permit
permit for
for this
this year
year
only.
Option A:;;
A:.; (preferred)
(preferred) The Board and
and staff
staffrecommend
the Commission
Commission waive the renewal
recommend the
requirements for the brine shrimp cyst fishery,
fishery, the squid fishery,
fishery, and
and one
one swordfish
permit for this year
year only.
only.
B: NoNo
action:status
status
quo,
permit
holdersmust
mustmeet
meetlanding
landingrequirements
requirements to
Option B:
action:
quo,
permit
holders
to renew the
the
permits.
.}."
14
14
(
OREGON
OREGON ADMINISTRATIVE RULES
OREGON DEPARTMENT OF
OREGON
OF FISH
FISH AND
AND WILDLIFE
WILDLIFE
Red Rock,
Rock, Box
Boxand
and Tanner
Tanner Crab Fisheries
Developmental
Developmental Fisheries
Fisheries Program
Program
Species List
Developmental Fisheries Species
Closed Season
red rock, box,
635-005-0064 It is unlawful to take red
Tanner, Oregon hair, and scarlet
scarlet king
king crab
crab from the Pacific
635-006-0850 (1)
(1) The Developmental
Developmental Fisheries
635-006-0850
as follows:
Species List, Category "A," is as
Ocean from November 1 until the opening of
of the next
(a) FISH
Dungeness crab
crab season
season in
inthat
that area,
area, except
except box
box crab
crab
ocean Dungeness
(A)
(A) Pacific hagfish (Eptatretus stouti) fishery has a
may
be taken
takenNovember
November 1-November
i-November 15
15 when
wben
iiavbe
qualifying and annual renewal requirement of
of five
autborized under
under aa Developmental
Developmental Fisheries
Fisheries Species
authorized
landings. There are 25 permits for harvest of
landings.
of which there
Permit (OAR
(OAR 635-0064900).
635-006-0900) .
Permit
are no trawl permits;
(B)
(B) Blue
Blue shark
shark (Prionace
(Fri onaceglauca)
glauca) fishery
fishery has a
Stat. Auth.: ORS
ORS 506.119
506.119 and
and 506.
506.129
129
qualifying and annual renewal requirement of either five
Stats. Implemented:
landings consisting of at least 500 pounds each landing or
Hist.:
Adopted 10-23-98, ef. Upon Filing
Bist;: AdOpted
one landing consisting of at least 5000 pounds. There are
permits for
for harvest of
of which
which there
there are
are no
no high seas drift
10 permits
net permits and no large mesh gill net permits. No permit
permit is
is
needed for hand lines or hand harvest.
harvest. Experimental
Experimental gear
permits may be required;
(C)
(C) Swordfish
Swordfish (Xiphias
(Xiphias gladius)
gladius) fishery
fishery has a
qualifying and annual renewal requirement of either five
landings consisting of at least 500 pounds each landing or
one landing consisting of
of at
at least
least 5000
5000 pounds.
pounds. Permits
Permits
are valid
valid for and renewal requirements are
are calculated
calculated
are
frolll
Februart 11 through
through January
Janum31
31of
ofthe
thefollowing
following
from February
year. There are 20 permits for harvest by floating longline
and 10 permits for harvest by
by other gear.
gear. Specially adapted
driftlgill
drift/gill net may be
be permitted.
permitted. Experimental
Experimental gear permits
permits
may be required. Five single-delivery permits will be
but did
did
issued to those who applied by annual filing date, but
not receive a Developmental
Gill net gear
Developmental Fishery
FisheryPermit.
Permit Gifi
gear
conform to California gear restrictions;
must conform
(0) Northem
Pacific
(D)
Northern aochovy
anchovy (Engraulis mordax)
nwrdax) and Pacific
herring (Clupea pallasi)
aod
pallasi) fishery
fishery has a qualifying and
annual renewal requirement
requirement of
of either
either five
five landings
landings
or one
consisting of at least 500 pounds each landing or
landing consisting of at least 5000 pounds.
15
pounds. There are 15
adapted small
small mesh
mesh
permits for ocean harvest. Specially adapted
Developmental Fisheries-l
Fisheries-I
OREGON
IOREIãjjl
OREGON ADMINISTRATIVE
OREGON
ADMINISTRATIVE RULES
OREGON DEPARTMENT OF
OF FISH
FISH AND WILDLIFE
fld&WII~,1Io
drift!gill net may be pennitted.
pennit is needed for
drift/gill
permitte& No permit
of at least
least 100
100 pounds each
each landing. There are
are
consisting of
gear permits may
hand lines or hand
hand harvest. Experimental gear
10
10 pennits
permits for harvest. Experimental gear pennits
permits may be
be required;
reqnired.
required.
(E) Pacific
sagax) and
and Pacific
Pacific sauzy
saucy
(B)
Pacific sardine (Sardinops sagax)
(Cololabis
has aa qualifying
qualifying and
and annual
annnaI
(Cololabis saira)
saira) fishery has
(b) INVERTEBRATES
(A) Box crab (Lopholithodesforaminatus)
(Lopholithodes foraminatus) fishery has
of either
either five landings
landings consisting
consisting of at
renewal requirement of
of five
five
qualifying and
and annual
annual renewal
renewal requirement
requirement of
a qualifying
or one landing consisting of
least 500 pounds each landing or
landings consisting
consisting of
of at
at least
least 100
100 pounds each landing.
at least 5000
15 pennits
5000 pounds.
pounds. There are 15
permits for ocean
There are 25 permits
pennits for
for harvest
harvest with
with pots only;
SpecialIy adapted
adapted small
small mesh
mesh drift/gill
drift!gill net
net may
may be
harvest. Specially
pennitted. Experimental gear permits
may be
be reqalred
required;
permitted.
pennits may
(F) Pacific sandfish
sandfish (Tricho
(Trichodon
don trichodon) fishery has
a qualifying and annual renewal requirement of
of five
(B) Grooved tanner
tanner crab (Chionoecetes tanneri),
Oregon hair crab (Paralomis mulitspina) and scarlet king
crab (Lithodes couesi) fishery has aa qUalifying
qnaIifying and
and annual
renewal requirement of
consisting of
of at
at least
least
.ren~wal
of five landings consisting
landings.
of which there
landings. There are 10 pennits
permits for harvest of
100
100 pounds
pounds each landing. There are 10 pennits
permits for harvest
andno
notrawl
trawlpermits,
pennits, however,
however,
are no
no dredging
dredging permid
pennit and
with pots only;
limited nwnbers
gear permits
pennits may be
numbers of experimental gear
(C) Spot prawn (Panda!
(Pandalus
us platyceras)
platyceros) fishery has a
issued for
specific.
for trawl
trawl harvest.
harvest. Pennits
Permits are area specific.
qualifying and annual renewal requirement of five
five landings
Experimental gear pennits
may be
be required. No
No permit
pennit is
permits may
of at
at least
least 100
100 pounds
pounds (round
(round weight) each
consisting of
needed for hand lines or hand harvest;
sbe permits
pennits for harvest by
landing. There are six
by trawl
trawl gear and
(G)
pacijicus), whitebait
whitebait smelt
(G) Eulachon
Eulachon (Thaleichthys
(Thaleichthyspacificus),
10
10 pennits
permits for harvest by other gear. Permits are area
(Allosmerus
night smelt
smelt (Spirinchus
(Spirinchus storks!),
starksi),
(Allosmerus elongatus),
elongatus), night
specific. Experimental gear
gear permits may be required.
longfin
surf smelt
longfln smelt (Spirinchus
(Spinnchus thaleichthys) and surf
Pennits
are issued
issued geographically,
geographically, split
split at Heceta Head
Pennits are
(Hypomesus
pretiosus) fishery
fishery has
has aa qualifying
qualifying and
and annual
annual
(ifypomesuspretiosus)
percent issued
issued north and 50 percent issued
with 50 percent
issued south of
renewal requirement of
of five landings
landings consisting of at least
Heceta
Heceta Head,
Head. until
until after the date of the lottery (OAR
100
pennits for ocean
100 pounds
pounds each
each landing.
landing. There are 20 permits
635-006-0900(3)(6));
ofwhich
no trawl
trawl permits,
permits, however,
however,
harvest of
which there-are
there'are no
(0)
sidestripe
(D) Coonstripe shrimp (Pandalus danae) and sidestripe
nwnbers of
of experimental
experimental gear
gear permits
pennits may
may be
limited numbers
slpimp
dispar) fishery
fishery has a qualifying and
shrimp (Pandalopsis
(Pandalopsis dispar)
small mesh
issued for trawl harvest. Specially adapted small
requirement of
of five landings
laodings consisting of
annual renewal requirement
drift!gill
No permit
pennit is
is needed for
drift/gill net may be pennitted.
permitted. No
at least 100
100 pounds (round weight) each landing.
landing. There
There are
Experimentalgear
gearpermits
pennits may
hand lines or hand harvest
harvest Experimental
10
10 pennits
permits for harvest by pot gear,
gear;
be required;
cockle clams
clams (Clinocardium
(Clinocardium nuttallii)
(E) Ocean cockle
(II)
fishery has
has aa
(H) Pacific
Pacific pomfret
pomfret (Bramajaponica)
(Bramajaponica) fishery
qualifying and
aod annual renewal requirement of
of
fishery has aa qualifying
qualifying and annual renewal requirement of
of five landings
five landings consisting
consisting of
of at least 100 pounds
pounds each
at least 100
consisting of at
100 pounds each landing. There are
landing. There are
are five permits
pennits for ocean harvest only. No
10
gear permits
pennits may
may be
10 permits
permits for
for harvest.
harvest. Experimental gear
permit is needed
pennit
needed for
for hand
hand lines
Iioes or
or hand
hand harvest.
harvest.
reqnired;
required;
Experimental
Experimental gear
gear permits
pennits may
may be
be required;
required;
(I)
fishery has a
(1)Slender
Slendersole
sole(Eopsetta
(Eapsettaexilis)
allis) fishery
qualifying and annual renewal requirement of
of five landings
(F) Bay clams
clams including
including cockle
cockle clams
clams (C!inocardium
(Clinocardium
nuttallii),
butter clams
clams (Saxidonus
(Saxidonus giganteus),
nuttalliQ, butter
giganteus), gaper
gaper clams
Developmental Fisheries-2
OREGON
JOREGJ
OREGON ADMINISTRATIVE
RULES
OREGON
ADMINISTRATIVE RULES
OREGON
OREGON DEPARTMENT
DEPARTMENT OF
OF FISH AND WILDLIFE
FhWIli1#.
(Tresus
native liffleneck
littleneck clams
(Tresus capas,
capas, nuttallii),
nuttallü), native
Head
Head with
with 50
50 percent
percent issued
issued north
north and
and 50
50 percent
percentissued
issued
stamines), and softshell clams
clams (lvfya
(Protothaca stamines),
(At'a arenaria)
arenaria)
of Heceta
Heceta Head;
south of
fishery has no qualifying and annual renewal requirements
fishery
(J)
(J) Sea cucumber (Parastichopus
(Parastichopus spp.) fishery
fishery has
has aa
an unlimited
unlimited number
number of
of permits,
for intertidal
intertidal hand harvest, an
renewal requirement of five landings
annnal renewal
qualifying and annual
are 11
11 permits
permits (individual
(individmiI or
and aa $25
$25 permit fee. There are
consisting of at least 100 pounds
pounds each landing. There are
vessel)
effective March 18,
18, 1997vessel) for subtidal dive harvest, effective
10 permits for
six permits for harvest
harvest using
usingtrawl
tawl gear, 10
December
December31,
31, 1997,
1997, and
and 10
10permits
permitsthereafter
thereafterfr
for
havest by diver, and 10 permits
permits for
for harvest
harvest by
by other
other gear.
statewide harvest and five permits for harvest south of
permits may
may be
be required.
required. Permits
Pennits are
Experimental gear permits
Heceta
Head.Qualifying
Qualifyingrequirements
requirements are
are either
either five
Receta Read.
issued geographically, split at Heceta Head with 50 percent
landings consisting of at least 200 pounds each landing or
50 percent
percent issued
issued so~th
south of
of Heceta,
Heceta, until
until
issued north and 50
an annual totalaf
2500 pounds
pounds for
for one
one calendar
calendar year
totaldf 2500
after
the date
dateof
ofthe
thelottery
lottery(OAR
(OAR635-006-0900(3)(6))
635-006-0900(3)(6»;
after the
period of
ofJanuary
January 1,
1, 1990
1990 through
during the qualifying period
(K) Marine snaIls
snails (various
(various species)
species) fishery has a
(K)
1995. Annnal
renewal requirements
requirements are either
October 16, 1995.
Mnual renewal
of five landings
qualifying and annual
annnal renewal requirement of
qualifying
five
ofat
at least
least 100
100 pounds
pounds each landing
five landings>consisting
landingsconsisdng of
landing
pounds each
each landing.
landing. There are
100 pounds
consisting of at least 100
or an annnal
annual total of
of 2500 pounds;
10 permits for subtidal
subtidal harvest
harvest only;
only;
(G) Giant octopus (Octopus dofleini)
dofleini) fishery
fishery has
has aa
(G)
(1.)
shrilIlp (Artemia
(L) Brine shrimp
(Artemia spp.)
spp.) fishery
fishery has a
annnal renewal requirement of five landings
qualifying and annual
renewal requirement
requirement of at least 5000
qualifying and annual renewal
landing. There are
consisting of at least 100 pounds each landing.
There are three permits to harvest
harvest adults
adults
pounds landed. There
for harvest
harvest using
using octopus
octopus pots
10 permits
pennits for
pots only;
and one permit to harvest eggs.
eggs. Applicants for the egg
California market
market squid
squid (Loligo
(Loligo opalescens) and
(H) California
squid (several
(several species) fishery
fishery has
has aa qualifying and
other squid
annnal
of either
either five landings
annual renewal requirement of
permit
must have prior experience harvesting brine shrimp.
permit must
(2) The Developmental Fisheries Species List,
Category "B,"
"B," is as follows:
of at least 500 pounds each
each landing or one
consisting of
(a) FISH
of at least
least 5000 pounds.
pounds. There are 30
landing consisting of
(A)
(A) Salmon shark (Lamna
(Lamna ditropis);
ditropis);
permits
permits for
for harvest using
using trawl
tawl gear
gearand
and 30
30 permits for
(B) Carp (Cyprinus
(Cyprinus carpio);
carpio);
harvest using other gear types. Experimental gear permi~
permits
(C)
(C) Black
Black hagfish
hagfish (Eptatretus
(Eptatretus deani);
deani);
may
may be
be required.
required.Permits
Pennitsare
areissued
issuedgeographically,
geoaphically, split at
(D)
(D) Yellow
Yellow perch
perch(Percaflavescens);
(Percafiavescens);
Heceta Head
Head with
with 50
50 percent
percent issued
issued north
north and 50 percent
percent
(E) Eelpouts (family Zoarcidae);
(B)
issued south
south of
of Heceta
HecetaHead.
Head,until
until after
after the
the date
date of the
the
(F) Brown bullhead
nebulosus);
bullhead (Ameiurus
(Ameinrusnebulosus);
lottery (OAR
(OAR635-006-0900(3)(6));
635-006-0900(3)(6»;
lottery
Skilfish (Erilepis
(Erilepis zonVer);
zonifer);
(G) Skilfish
urchin (Allocentrotusfragilis)
(Allocentrotus fragilis) fishery has a
(I) Fragile
Fngile urchin
(H) Northern squawfish
squawfish (Ptychocheilus
(Ptychocheilus oregonensis).
annnal renewal requirement
requirement of five landings
qualifying and annual
(b)
(b) INVERTEBRATES
landing. There are
consisting of at least 500 pounds each landing.
(A)
(A) Euphausids
Euphausids (krill)
(hill) (family Euphausidae);
six permits
for harvest using irawl
trawl gear and six permits
pennits for
permits for
for
(B)
(B) Pacific
Pacific sand
sand crab
crab(Emerita
(Emeritaanaloga);
analoga);
harvest using other gear. Experimental gear permits
permits may be
(C) Freshwater mussels
mussels (families
(families Margaritifera,
required.
required. Permits are issued geographically,
geographically, split
split at
at Heceta
Heceta
Anodonta,
Anodonia, Gonidea,
Gouidea, and
and Corbicula).
Corbicula).
Develoomental
Developmental Fisheries-3
OREGON
OREGON
OREGON ADMINISTRAnVE
ADMINISTRATIVE RULES
WILDLIFE
OREGON DEPARTMENT OF FISH AND WILDLIFE
nn
fh~&iI'llilit.
(3)
(3) The Developmental Fisheries Species List,
Implemented: 01(5
ORS506.
506.129
Slats.
Stats. ImplementaL
129 and 506.450 through
506.465
as follows:
Category "C," is as
Hist.:
Adopted10-23-98,
10-23-98, ef.
ef. Upon
Upon Filing
fist.: Adopted
(a) FISH
(A) Spiny dogfish (Squalus
(Squalus acanthias);
acanthias);
(B) Soupfln
Soupfin shark (Galeorhinus zyopterus);
Procedures for Issuance,
Isilllance, Transfer
and Renewal of
Transfer and
(C) Skate (family Rajidae);
Develqpmental
Develupmental Fisheries Species Permits
(D) American shad (Alosa sapidissima);
63S-00lHl910 (1)
(1) Applications:
Applications:
635-006-0910
(E)
(B) Pacific cod (Gadus macrocephalus);
(a) An applicant for a permit must submit aa complete
(F) Pacific flatnose (Antimora
(Antimora microlepis);
of up
application in writing accompanied by an annual fee of
(G) Pacific grenadier (Coryphaenoides acrolepis);
to $75. The application shall include the species offish
of fish to
(Scorpaenichthys marmoratus);
mannoratus);
(H) Cabezon (Scorpaenichthys
be taken, the method and gear proposed to be used, and the
(1)
(I) Scnlpins
Sculpins (family Cottidae);
area from which the Developmental Fisheries Species are
Kelp greenling
greenling(ifexagrammos
(Hexagrammosdecagram
decagrammus);
(J) Kelp
in us,)
to
to be taken, and other infonnation
information as the Department may
may
Jack maelcerolr(Trachurus
matIs:eref(Trachurus symmetricus);
(K) Jack
require;
(pacific) mackerel (Scomberfaponicus);
(Scomber japonicus);
(L) Chub (Pacific)
(b) Complete applications must be received
(M)
(1v1)Greenstriped
Greenstripedrockfish
rockfish(Sebastes
(Sebastes elongatus);
elongatus);
or date-stamped by January 1 of the year of
postmarked or
(N)
proriger);
(N) Redstripe
Redstripe rockfish
mckflsh (Sebastes
(Sebastesproriger);
issue for new species added to the developmental fishery
(0)
Shortbelly rockfish (Sebastesjordani,);
(Sebastesjordani);
(0) Shortbelly
list in OAR 635-006-0850, and thereafter by the annual
(P)
(P) Sharpchin rockfish (Sebastes zacentrus);
of February
February 11of
ofthe
the year
year of
ofissue;
issue;
filing date of
(Ol
Splitoose rockflsh
rockfish (Se
(Sebastes
(03 Splitnose
bastes diploproa);
shal1be
beconsidered
consideredcomplete
complete1.1
if it
it is
is
(c) An application
applicationshall
(R) Pacific sanddab (Citharichthys sordidus);
infonnation requested on the form, and is
legible, has all infonnation
(S)
(5) Butter sole (Pleuronectes isolepis);
full. Any application
accompanied by the required fee in full.
(T) English sole (Pleuronectes
(Pleuronectes vetulus);
vetulus);
('1)
shal1 be returned and,
and, unless it
it is
which is not complete shall
(U) Rex sole
sole (Errex
(Eirexzechirus);
(U)
zechirus);
thereafter resubmitted and deemed complete by the fIling
filing
(V)
(V) Rock sole (Pleuronectes
(Fleuronectes bilineatus);
date, the individual shall
shal1 not be considered to
to have applied
(W)
(WI)Sand
Sandsole
sole (Psettichthys
(Fsettichthys melanostictus);
timelymanner!.)
manner[j;;
in aa timely
Curlfin (lemon) sole (Pleuronichthys decurrens);
(X) Curifin
(d) Before
Cd)
Beforeapplying
applyin!for
for aa permit,
permit, an applicant must
(Y) Spotted rattish
colliei);
raffish (Hydrolagus colliet);
the appropriate
appropriatevessel
vessel license
license (or
first have obtained the
(Z) Wolf-eel (Anarrhichthys ocellatus);
(Z)
issued to
individual license if permit is issued
to individual)
individual) for
for
(AA)
(AA) Walleye pollock (Theragra chalcogramma).
the year
year the
the permit
permitwill
will be
be issued.
issued.
(b) INVERTEBRATES
(b)
(2) Number of permits allowed:
(A) Red rock crab (Cancer productus);
shal1 not
not submit
submit more than one
one
(a) An individual shall
(B) Purple sea urchins (Strongylocentrotus
(Strongylocentrotus
purpuratus) ;
purpuratus);
(C)
leniusculus).
(C) Crayfish
Crayfish (Pacifastacus
(Pacfastacus leniusculus).
application, per permittee,
perinittee, for each developmental fIshery
fishery
species gear category;
(b) No permittee who holds a valid developmental
fisheries permit may apply for any additioual
additional permits for
Slat. Auth.: ORB
DRS 506.109 and
and 506.119
506.119
Stat.
species gear
gear category.
category. A valid developmental
the same species
Developmental Fisheries-4
OREGON
OREGON
RULES
OREGON ADMINISTRATIVE RULES
OREGON
DEPARTMENT
OF
FISH
AND
WILDLIFE
OREGON DEPARTMENT
....
ho &&WlI~1ito
Wi14 lit.
permit is
fisheries pci-mit
is aa permit
permit which is neither at issue in a
Department shall determine first how many applications
Department
Permit Review Board
Board proceedings nor before a
pending Permit
there are with preference points as accrued under OAR
court ofIaw;
of law;
635-006-0915,
635-006-0915, except
except for
for new
new species that have
(c) If
If a pernflttee,
permittee, who holds a permit at
at issue
issue either
qualification
forth in
qualification resirictions
restrictions set
setforth
inOAR
OAR635-006-0850.
635-006-0850.
Permit Review Board or
or a court of law,
before the Permit
law, is
of landings must be supplied by the applicant and
Evidence of
awarded another permit for the same species gear category
submitted with the application.
through the lottery and thereafter
thereafter prevails before the Permit
(A) If
if the number of these applicants does not exceed
(A)
Review Board or in court, the permittee
perniittee shall immediately
the number
number of
of permits, they shall be
be given
given all
all available
available
surrender one of
of the permits
pennits to any
any Department office, so
so
permits
pennits and any remaining applicants shall
shall be placed
placed in
in a
is held.
that only one valid
valid permit
pennit per
per species
species gear
gear category
categoryis_lleld.
lottery;
(B) If
if the number
Spplicants who have
number of
ofapplicants
have preference
Issuance of
ofpermits:
(3) Issuance
number of
of applications received by the filing
(a) If
if the number
points exceeds the number of permits, then these applicants
date
date is less than the number of permits
permits available,
available, all
all
only shall be placed in a lottery, and grouped by the
applicants who have submitted complete applications shall
number of preference points
points they have accrued for each
permit within
within 14
14 days
be issued a permit
days of the filing date.
species gear category. Applicants with the highest number
remaining permits shall
shall be issued on aa first(A)
(A) Any
My remaining
first-
of
of preference points for each species gear
gear category will be
-served basis, within 14
14 days of receipt of
come, first
first-served
of each
drawn first. Applicants having the highest number of
completed application, until the maximum number
number of
of
preference points per species gear category will be drawn
permits is issued. Priority shall be based on postnuuk
postmark or
next.
next This permit issuance process will continue through
date-stamped date;
descending numbers
numbers of preference
preference points until all the
(B) The names of
of applicants who did uot
not receive a
available
availahle permits have been
been issued, unless all qualified
permit
permit shall
shall be
be placed
placed on
on an
an alternates
alternates list, in the order
points have
have been issued pennits
permits
applicants with preference points
they are received, until
until the
the next
next annual
annual filing date.
date.
prior
prior to that
that point. Permits
Pennits shall be issued within
within 14
14 days of
of
Applicants whose names are placed on the alternates list
the lottery;
permitfee
fee minus
minus a $10 application
shall be refunded their
theirpermit
(C) In addition,
addition, remaining
remaining applicants (who do not have
have
fee.
fee. Permits which become available before the
the end of the
preference points)
points) shall
shall be
be placed
placed in
in aa lottery
lottery and their
their
year shall be made available to the alternates list,
list, in the
names shall be drawn;
order listed. The applicant shall be notified
notified of
of an
an available
available
(D)
(D) The
The Department
Department then
then shall
shall prepare
prepare an alternates
alternates
permit and shall
shall resubmit
resubmit a complete application and
list, in which applicants who
who have
have preference
preference points are
list,
permit fee within
within 30
30 days
days of
of the date the notification is
listed first (in the order drawn),
drawn), and thereafter remaining
mailed. The permit
pennit shall be issued within 14 days of
applicants are listed,
listed, in the order in which they were
receipt of
of the resubmitted application and
and fee.
fee. If
If an
an
drawn. All applicants whose
whose names
names are placed on the
drawn.
alternate fails to apply, he shall forfeit the permit
permit and
and the
alternates list shall be refunded
reflmded their
their permit fee minus a
permit shall
shall then
then be
be made
made available
available to
to the next name on
permit
pennits available before the end
$10 application
application fee.
fee. Any
My permits
the alternates list.
of the year shall be
be made
made available
available to
to the
the first name
name on
on the
the
(b) If
If the number of applications received
received by
by the
the filing
date is greater than the number of
of pennits
permits available,
available, the
alternates list.
list. The
The applicant
applicant shall
shall be
be notified
notified of an
an
available permit
pennit and shall resubmit a complete
complete application
application
Developmental Fisheries-S
Fisheries-5
OREGON
jOREd)
OREGON
RULES
OREGON ADMINISTRATIVE RULES
OREGON
OREGON DEPARTMENT
DEPARTMENT OF
OF FISH
FISH AND
AND WILDLIFE
R,b&WINJØ.
and permit fee within 30 days
days of the date the notification is
of the permit holder to
(c) It is the responsibility of
mailed. The permit shall be issued within 14
14 days of
ensure an application is complete and is filed
filed in aa timely
timely
receipt of
of the
the resubmitted
resubmitted application
application and
and fee.
fee. If
Ifan
an
manner. Failure of
of the Department to return an application
apply for
for the
the lottery
lottery permit
permit within
withio 30
30
alternate fails to apply
for incompleteness or of
of an individual to receive aa returned
days,
days,
he shaII
shaII then
shall forfeit such permit and the permit shall
be made available to the next
next name
name on
on the
the alternates
alternates list.
(c) Permits may be made available before the end of
year by a permittee
permittee voluntarily
voluntariIy turning
tnming in
in aa permit.
permit.
the year
(4) Persons to whom permits
permits are
are issued:
issued: Permits
Permits shall
shaII
sruiIInot
notbe
begrounds
grounds for
for treating
treating the application
application
application shill
as having been filed in a timely and complete manner;
manner;
(d) In addition to timely and complete filing to renew a
permit, a permittee
permittee must
must annually
annually lawfully land the
635-{)06pounds and/or
and/or landings
landings listed
listed in
in OAR
OAR 635-006required pounds
either aa vessel
vessel or
or an
an individual
individual person
person when
be issued to either
0850. However, if
if a permittee obtained a permit
permit later than
0850.
Thepermifholder
hand harvest methods are used. The
perniif holder is the
of the prior
prior year, the permittee shall
shaII not be required
July 1 of
owner or controller of
of the vessel or
or the individual person
to make the annual landing requirement by
by the following
following
when hand harvest methods are used.
January.
January. Instead, at the next renewal thereafter,
thereafter, the
(5) Transfer
of perimts:Permits
Permitsfor
forDevelopmental
Developmental
(5)
Tx nsferofpeñnits:
permittee shall be required to demonstrate the annual
Fisheries Species are not transferable to another person or
landing requirement was fulfilled during the
the first
first full
full year
year
entity; provided however
however that
that permits
permits may
may be
be transferred
transferred to
to
the permit
permit was
was held.
held.
in which the
another vessel owned or controlled by the permit
pennit holder up
(7) Authority of Director.
Consistent with OAR 635Director Consistent
006-{)810 through
through 635-006-0950,
635-{)06-{)950, the Director is authorized
authorized
006-0810
to two
two times
thnes annually.
permittee shall
shaII first apply on
(a) To transfer a permit, a permittee
a form provided by the Department
Department and
and shall
shall include a $25
Developmental Fisheries
Fisheries Permits under the
to issue Developmental
authority of
of ORS 506.460.
transfer fee;
(b)
considered effective
effective until
until the
(b) No
No transfer shall be considered
has received
received approval
approval from
from the
the Department
Department and
permittee has
permittee
Slat. Auth.: ORS
ORS 506.109
506.109 and
and 506.119
506,119
Stat.
Slats. Implemented:
Implemented: ORS
ORS 506.129
506.129 and
and 506.450 through
through
Stats.
506.465
an updated permit
permit
His!.: Adopted
Adopted 10-23-98,
10-23-98, ef.
ef. Upon
Upon Filing
Bist.:
(6) Renewal of
of permits:
renewed by
by submission,
submission, to the
the
(a) Permits may be renewed
Department,
Department, of the appropriate fee and aa complete
complete
or postmarked
postmarked before
before January
January 11
application date-stamped
date-stamped or
of
of the year
year for which
which renewal
renewal is
is sought;
sought;
(b)
(b) An application for renewal
renewal shall
shall be considered
considered
and has
has all
all information
information requested
complete if it is legible and
on the form and is accompanied by the
the required fee in full.
full.
application which
which is
is not
not complete
complete shall
shaII be
be returned,
returned,
Any application
and unless it is thereafter
thereafter resubmitted and deemed
1, the
the individual shall
shall not be
complete before January 1,
applied for
for renewal
renewal in
in aa timely
timely manner;
manner;
considered to have applied
Developmental Fisheries-6
Experimental Clam
Progress Report
APPENDIX A.
A. Experimental
ClamDredge
Dredge- Progress
20
20
Experimental Clam Dredge Progress Report
Jean McCrae
Oregon Dept. of
of Fish and Wildlife
Paul Daniels
FN Lady Rosemaiy
Rosemary
Owner, F/V
August, 1998
Lady Rosemary
Rosemary to use dredge gear to
An experimental gear permit
permit was
was issued
issuedtotothe
theFV
Pt Lady
off the Oregon coast.
The main
main species
species of
of interest
interest was razor clams, but other
harvest clams off
coast. The
cockles and gapers were also explored.
clams such as cockies
Primary objectives of
of the work were to (1) survey the nearshore Oregon coast for
of clams and
and(2)
(2)determine
determineeffectiveness
effectivenessof
ofaamodified
modifiedhydraulic
hydraulic dredge
dredge to
to
quantities of
commercial quantities
harvest razor,
razor, gaper,
gaper, and
and cockle
cockle clams.
clams.
harvest
"t
Gear
The gear used was a modified east coast-type
It
coast-type hydraulic
hydraulic clam dredge
dredge (Figure
(Figure 1).
1). It
The
weighed 4,000 pounds, had a 5 ft wide variable-depth cutting edge, and an 8 inch
inch manifold.
manifold. The
3/4
1/2 inch
21,3/4 inch nipples, which were later changed to l/z
manifold was initially operated
operated with 21,
1/2
ofthe
the dredge
dredge were covered with l/Z inch diameter rods, spaced 2
nipples. The
Thebottom
bottom and
and sides
sides of
long, constructed
constructed of
of 3 l/Z inch nylon
Thecodend
codendbag
bag was
was 77 ftft long,
inches apart. The
nylon web
web netting.
netting. The
2: 1 scope, with a 2 inch diameter polypropylene
The dredge
dredge
dredge was towed with at a 2:1
polypropylene rope.
rope. The
vessel's hydraulic
hydraulic system.
system.
was set and retrieved with a 5/8 inch wire cable by the vessel's
1
A diesel engine supplied
ofsupplying
supplying 4,000
4,000 gallons
gallons
supplied a 400 hp centrifugal
centrifugal pump
pump capable
capable of
per minute at 90 psi. A
A 10
10inch
inch diameter,
diameter, 25
25 ftft overboard
overboard suction
suction line
line was connected to a foot
valve. Up
Upto
to600
600feet
feetof
of88inch
inchinside
inside diameter
diameter hose
hose connected
connected the
the pump
pump and
and dredge.
dredge.
During one
one trip,
trip, an
an underwater
underwater video
The first two trips were observed by ODFW staff.
staff. During
camera was installed on the
forward
part
of
the
'dredge
to
observe
the
habitat
and
the forward part of the'dredge to observe the habitat andthe
the operation
operation of
of
the dredge.
Results
During June and July,
1998,265
July, 1998,
265 tows
tows were
were made
made between
between the
the Columbia
Columbia River
River and
and below
below
to 57
57 fin
fin with
with and
and average of 15 fin.
Cape
Cape Blanco
Blanco (Figure
(Figure 2).
2). Depths of tows
tows ranged
ranged from
from 1ito
fin.
Speed, time, and psi varied considerably since operators were trying to
to fmd
fmd the best combination
of the gear.
Tows ranged
ranged in
in time
time from
from 33 to
to 154
154 minutes
minutes in length with an
an
for efficient operation of
gear. Tows
However, after
average
average of20.7
of 20.7 minutes.
minutes. Initially, tows
tows were
were done
done at
at 2-3
2-3 knots.
knots. However,
after the
the tow
tow speed
speed
knot, operators
operators noticed
noticed the
the by-catch
by-catch of
ofcrab
crab dropped
dropped to nearly
nearly zero.
was dropped to I1knot,
common by-catch was sand dollars (Dendraster
(Dendraster excentrucus),
excentrucus), both
both live
live animals
animals
The most common
It appeared,
appeared, catches in individual
individual tows
and
and empty
empty tests,
tests, in depths
depths of 44 -- 16
16 fin.
fin. It
tows were
were either
either
mostly tests or mostly live animals.
animals. Perhaps
Perhaps empty
empty tests
tests get
get washed
washed out
out into
into "graveyard"
"graveyard" areas
after the
the animals die.
Initially, some Dungeness crab were caught as by-catch; first
fIrst days tows averaged 1.2
of the tows was dropped
dropped to 11 knot, the by-catch
Dungeness
However, after
after the
the speed
speed of
Dungeness crab/tow However,
Over90%
90% of
ofthe
the observed
observed crab
crab were whole and uninjured.
was reduced to essentially zero. Over
Other miscellaneous
miscellaneous by-catch consisted of peanut wo=s,
worms, sea stars, sculpins, and small skates.
This project generated some public concern.
Several letters
letters were
were written and many phone
concern. Several
calls were
Mostof
ofthe
the concerns
concerns dealt
dealt with
with the effects
effects of
of this type of
of gear on the .
ôalls
were answered.
answered. Most
habitat and other species, especially Dungeness
Some people
people were
were concerned
concerned the gear
gear will
Dungeness crab.
crab. Some
"be blasting everything out of
of the sandy bottom" or will "seriously jeopardize the existing
Dungeness population."
,.
~~;;.
.'. ••r.'·
.
Summary / Recommendations
It may be questionable as to
to whether this
this type
type of
of gear
gear will
will be
be effective
effective for
forthe
theharvest
harvest of
of
densities of
of clams in the ocean were
razor clams in the ocean for several reasons.
reasons. First, densities
were lower
lower
Mostclams
clamswere
werewidely
widely scattered
scattered and
and few
few commercially
commercially viable
viable concentrations
concentrations
than expected. Most
Second,because
because the
the areas
areas of
ofhigh
high density
density of
ofPacific
PacifIc razors that were found were in
were found. Second,
such shallow water, this type of
of gear could only be worked when the ocean is
is relative
relative flat
flat and
calm. The
The number
numberof
ofdays
days available
available for the right conditions
calm.
conditions is
is limited.
limited. And third, there
there was
was a
considerable amount of breakage to
ModifIcations to the
to the
the thinner
thinner shelled
shelled razor
razor clams.
clams. Modifications
operation of
of the gear or different
different technology need
need to
to be developed
developed to
to reduce
reduce the
the breakage.
breakage.
If
If commercial activity is pursued further,
further, the effects of gear on habitat and other resources
area in which Pacific
PacifIc razor clams
needs to be explored further to address public
public concerns.
concerns. The area
very high
high energy
energy area
area with considerable
considerable turn-over
turn-over of
of the substrate
substrate on
on a seasonal
seasonal
were found is aa very
We expect
expectany
anysignificant
signifIcantlasting
lasting effects
effects of
ofdredge
dredge gear
gear in
in this
this type of
of habitat would be
basis. We
minimal.
The effects
effects of
ofthe
the gear
gear in
in deeper
deeper more stable
stable habitats needs to be explored further.
minimal. The
further.
YaquinaBay
Yaquina
Bay
IN
°°
'0
•
,0'"i
\,
\
~,
o
"b
0a 0'%nO
°8
V
.
TIllamook
Tillaniook Head
Siuslaw River
,
,,
SN Winchester
Winchester Bay
,,
Nehalem Bay
7
CoosBay
Tillamook Bay
Coquille River
0001
Cape Blanco
Nestucca Bay
08
north coast
south coast
Locationof
ofclam
clamdredge
dredgetows,
tows, June
June through
through July,
July, 1998.
1998.
Figure 2. Location
Figure 3. Sand dollars in front of clam dredge.