L.1;Iffs]I
i_li
lii ii1'flMt'KS)
Summary
oftau.iufl
Agendafttj
Item
Sport
of Abalone
S
~ o rHarvest
t
Title:
Title:
25. 1995
1995
Date of Meeting:
Meeting: October 25,
Exhibit #
Principal Staff Person: Jim
JimGolden
Golden
Principal
Phone:503-867-4741
Phone:503-867-4741
Read
and Approved
Approved by:
by:
Read and
REDACTED FOR PRIVACY
Chief:
Division Chief:
&
Date:
_____
Date:
REDACTED FOR PRIVACY
General:
Attorney General:
REDACTED FOR PRIVACY
Director:
7/22/95
0 z/ T C
Date:_jifpLjC_
Date:
Date:
4b77[4~
Description
Description of Item:
Two Options:
(1) Prohibit the taking of abalone; or
(1)
((2)
2)
Proposes
Proposes to
to change
changedaily
daily catch
catch and
and possession
possession limit
limit for
for abalone
abalone from
from 33 to
to 1;1, and,
and,
Requires
Requires free
free permit.
permit
Public
Public Involvement
Involvement Process:
Process:
and retail
retail sport
sport operators.
Discussions with sport abalone divers and
Supplemental Information Attached:
Yes X
No_______
Hearing
Hearing Notice:
Notice:
Yes X
No_______
Li] a*cT.] n
A
tiuflhii}atts}tS!fltDaIflhi.fl4jj.UiWJ
Summary of Agenda Item - page 2
Relationship to:
Oregon revised
revised statute --
OilS #.
Oregon administrative
administrative rule
rule --
OAR
Options available
available to Commission:
Commission:
1.
1.
Adopt amended rule to prohibit taking of
of abalone.
abalone.
2. Adopt
Adoptamended
amendedrule
ruletotoreduce
reducecatch
catchand
andpossession
possessionlimit
limit from 3 to 11 and require
permit.
3 . Reject proposal
proposal to
to change
change rules.
Option recommend
recommended: Option 1
Draft Motion:
635-039-0090 to prohibit the taking of abalone.
I move to amend OAR 635-039-0090
NOTICE OF
OF PROPOSED
PROPOSED RULEMAKING
RULEMAKTNG HEARING
HEARING
NOTICE
(Statement of
ofNeed
must accompany
accompanythis
this form.)
(Statement
Need and Fiscal Impact must
Oreeon Department
Department of
of Fish
Fish and
and Wildlife
Wildlife
Oregon
Division
Fish Division
(AGENCYNAME)
NAME)
(AGENCY
DATE:
DATE:
10-25-95
10-25-95
TIME:
TIME:
8:00 a.m.
8:00
an.
(DIVISION)
(DMSION)
OAR CILIP'I'ER=
OAR
CHAPTER 635
LOCATION:
DATE:
LOCATION:
DATE;
Red Lion
Lion Ion
Inn
Red
1313 N. Bayshore
Bayshore Drive
Drive
1313
97420
Coos Bay, OR 97420
TIME:
TIME;
LOCATION
HEARWGS OFFICER(s):
OFFICER(s):
HEARiNGS
496.138 and 496.146
STATUTORYAUTHORITY:
O M 496.138and496.146
STATUTORY
AUTHORITY: ORS
OTHER AUTHORITY:
AUTHORITY:
OTHER
STATUTES IWPLEMENTED:
STATUTES
IMPLEMENTED: ORS
ORS 496.162
;dr
; or
ADOPT:
AMEND:
AMEND:
C h a ~ t e635.
635.
r Divisions
Divisions 011
011 and
and 039
039
Chapter
REPEAL:
RENUMBR TO:
TO:
RENTJMBR
approval
(Prior approval
Secretary of
from Secretary
State REQUIRED)
REQUIRED)
State
AMEND & RENUMBR
TO:
AMEND
RENUMBRTO:
(Prior approval
approval
(Prior
Secretary of
from Secretary
State REQUIRED)
REQUIRED)
State
H This
Tlns hearing notice
notlce is
1sthe initial
irutial notice
notlce given
given for
for this
t h s rulemaking
rulemakmg action.
action.
Thls
hearingwas
wasrequested
requestedbybyinterested
mterestedpersons
personsafter
afteraaprevious
previousrulemaking
rulemakingnotice.
notice.
U This
hearing
I3 Auxiliary
A u x l l i q aids
a d s for
for persons
persons with
with disabilities
hsabilities are
areavailable
avalable upon
uponadvance
ad
[J
request.
SU1VIMARY
Consider
amendmentstotothe
thesport
sportfishing
fishingregulatio
regulations as they pertain to taking of abalone
SUMMARY: Consider
amendments
LAST DATE FOR COMMENT:
COMMENT:
LAST
I10-25-95
RULES COORDINATOR:
COORDINATOR:
RULES
ADDRESS:
ADDRESS:
Jan Rami
fAcency)
Jan
Rai (Agency)
Oreeon Devartment
Oregon
Department of Fish and Wildlife
P. 0,
0.Box
Box 59
59
Portland. OR 97207
97207
Portland,
(503) 229-5400. Ext.
Ext. 305
305
TELEPHONE:
TELEPHONE:
Interested persons may
may comment on
on the
the proposed
proposedrules
rules orally
orallyor
orin
inwTiting
writing at
at the
the hearing.
hearing. Written
if
Wntten comments
comments will
will also
also be
be considered
considered if
received
-
REDACTED FOR PRIVACY
Signature
SED424
424
SED
(Rev, 8/95)
s19q
(Rev.
Date
2f#1+ N'9C
STATEMENTOF
OFNEED
NEED AND
AND FISCAL
FISCAL IMTACT
STATEMENT
IMPACT
Before the
the Fish
Fish and
and Wildlife
Wildlife Commission
Before
Chapter
Chapter No.
No
635
matter of
of amendment
amendment of
In the matter
OAR Chapter
Chapter635,
635,Division
Division011
011and
and039,
039,
OAR
the sport
sport harvest
harvest of
of abalone
abalone
relating to the
.
~
)1
))
Statutoiy
Statutory Authority,
Authority, Statement
Statementof
ofNeed,
Need,
)1
Principal Documents
Documents Relied
Relied Upon
Upon and
and
Principal
)
))
)
1
Statement
Statement of
ofFiscal
Fiscal Impact
Impact
)
1.
1.
Citation
Citation of
of statutory
statutory authority:
authority: ORS
ORS496.138
496.138and
and 496.146
496.146
2. Statutes
Statutes being implemented: ORS
ORS 496.162
496.162
2.
Needfor
forthe
therules:
rules:
3. Need
The rules are
from Oregon waters
waters to ensure
are needed
needed to ftrrther
hrther restrict the harvest of abalone from
that adequate
adequate escapement
escapementisis allowed
allowed for
for reproduction
reproduction needs
needs to
to sustain
sustainthe
thepopulation.
population.
that
Documentsrelied
reliedupon:
upon:
4. Documents
for the
the October
October 25,
25, 1995,
1995,hearing.
hearing
Staff report prepared for
The above
Department of
ofFish
Fishand
andWildlife,
Wildlife,
above document
document is
is available
available for public
public inspection
inspection in the Department
Fish Division,
Division, Third Floor, 2501 SW
SW 1st
1st Avenue,
Avenue, Portland, Oregon,
Oregon, between
between 8:00
8:00 a.m.
a.m. and
and
4:30 p.m.,
p.m., on
onnormal
normalworking
worlung days,
days, Monday
Monday through
through Friday.
Friday.
4:30
5. Fiscal and
and economic
economicimpact:
impact:
5.
See attached.
attached.
See
6.
6.
Advisory Committee Used:
Used: Ad
Ad hoc
hoc committee
committeeof
of sports
sportsabalone
abalonedivers
divers and
and retail
retail sport
sportshop
shop
operators.
operators.
Ifnot,
why:
If
not, why:
£
Date
qç
REDACTED FOR PRIVACY
Signature
1995 Hearing
Fiscal and Economic
Economic Impact
Impact Statement for the October 25, 1995
Matter of
of the
the Amendment
Amendment of
ofRules
Relating to
to Abalone
Abalone Sport
Sport Fishing
Fishing Regulations
Regulations
in the Matter
Rules Relating
Theproposed
proposedrules
ruleswill
will affect
affect state
state agencies,
agencies, units
units of
of local
local
Fiscal and economic impact: The
government and the public, respectively, as
discussed
below.
the daily
daily
as discussed below. An amendment to reduce the
catch limit
limit and
and possession
possession limit
limitfor
forrecreational
recreationalharvest
harvest of
of abalone
abalonewill
willbebeconsidered.
considered. Another
Another
amendment to restrict the method of harvest to free
free diving
diving (without SCUBA gear) may also be
considered.
considered.
Theonly
onlystate
stateagency
agencywhich
which should
should be
be affected
affected by
by adoption
adoption of
of these
these rules
rules is
is the
the Oregon
Oregon
A. The
the
Department of
of Fish
Fish and Wildlife.
Wildlife. No significant
significant changes from the current levels of the
departments
department's operations
operations or
orexpenditures
expenditures are
are expected
expected as
as aa result
result of
of the adoption
adoption of
of these
these rules.
rules
B. No
Nounits
unitsofoflocal
localgovernment
government are
are expected
expected to
to be
be affected
affected by
by these rules. No
Nosignificant
significant
changes from the current levels of any local
local agencies'
agencies' operations
operations or
or expenditures
expenditures are
are expected
expected as a
adoption of
of these
these rules.
result of the adoption
C. The
Thepublic
public could
could be
be affected
affected by the adoption of these rules: Preliminary
Preliminary assessments of
Oregon's abalone stocks suggest that the population abundance
abundance is extremely low,
low, and
and that
that the
abalone are
are relatively
relativelyold
oldand
andlarge.
large. A reduced bag limit
limit would
would help
help reduce
reduce harvest
harvest of
of
remaining abalone
would also help
help prevent
prevent depletion as broodstock development
surviving abalone, and would
development and
and
Abalone meat
meat and
and shell
shell (particularly
(particularly from large specimens) has
enhancement efforts continue. Abalone
has aa
commercial markets.
markets. The staff suspects
illegally) sport
sport caught
caught
high value in commercial
suspects that
that legally
legally (and illegally)
abalone from Oregon waters
California. A reduction
waters are
are being
being illegally
illegally sold in California.
reduction in
in the
the bag
bag and
and
possession limit would probably reduce the potential profit
profit from
from selling sport caught
caught abalone
abalone
state, and
and hence reduce the total harvest of abalone. The
Thereduced
reduced bag
bag limit
limit would also
outside the state,
caseswhere
whereenforcement
enforcementactions
actions are
are warranted.
warranted.
make it easier to identify
identi' cases
Restriction of
of the method
method of
of harvest to free
free diving
diving only would also be expected to reduce
recreational harvest.
harvest We
Wedo
donot
not have
haveinformation
information that
that would
would enable
enable us to anticipate
anticipate whether and
how muchh such a restriction would discourage legitimate sport harvesters from participating in
recreational
al SCUBA
SCUBA diving
diving of fishing activities. A
A significant
significant reduction in recreational activity
activity
could have an
an adverse
adverse impact
impacton
onbusinesses
businessesthat
thatcater
catertotorecreational
recreationaldivers
divers. We
We do not
levels could
have sufficient information to
extent of
of any
any such
such adverse
adverse impact.
impact.
to project the probability or extent
Although these
these rules
rules relating to abalone
abalone sport
sport fishing
fishing regulations
regulations can
can be
be viewed as
as reducing
reducing
Aithough
positive economic impacts in the
the short run, conservation through the regulation of seasons and
intended to
to perpetuate Oregon's fishery resources at optimal
other factors (such
(such as catch limits) is intended
long run.
run. Failure to restrict harvests
harvests of
of fish
fish to allow
allow escapement for reproduction
reproduction
levels in the long
would result in severe adverse
adverse economic
economic effects
effectsin
inthe
thefuture.
future. The proposed regulations attempt
to strike
strike aa balance
balance which
which will provide optimal recreational fishing opportunity subject to the need
need
to sustain abalone
abalone population
population levels
levels and to maintain
maintain future
future benefits.
The rules are
are believed
believed to
to be
be frilly
fully compatible with legislative direction on the goals
goals of
of fish
fish and
and
wildlife management in Oregon.
All businesses affected by these rules are
are believed to
to be
be "small
"small business."
business."
Abalone Catch Limit Reduction
Proposal
The current regulation limits the daily catch of abalone to three,
three,
limit is
with an
an 88 inch
inchminimum
minimum shell
shell size.
size. The possession
possession limit
is
with
abalone.
three abalone.
Option 11
The
proposed iegulation
regulation would
prohibit harvest
harvest of abalone,
abalone,
The proposed
would prohibit
permitted by the Department
Department to
to obtain broodstock for
except as permitted
an abalone recovery and enhancement
enhancement program.
p
Option 2
The proposed
proposed regulation
regulation would
would reduce
reduce the
the daily
daily catch
catch limit and
,
;
.
e
I
D
i
?
J
\
:ttflt p4TA
possession
abalone with
possession limit
limit to
to one abalone
with an 8-inch minimum shell
I
"2
size.
size. AAmandatory
mandatory free
free permit
permit would
would be required
required to
to harvest
harvest
would be
be required
required to report
abalone. Sport harvesters
harvesters would
report catch,
catch,
abalone.
$LLL
effort, and other biological data identified by ODFW staff.
,
%
,,,
Background & Rationale
of Oregon's
Oregon's abalone stocks suggest th
that
Preliminary assessments of
the population
population abundance
abundance is
is extremely
extremely low.
low. Most remaining
remaining
years and large,
large, with
with few
few sublegal
sublegal
abalone
abalone are
are older
older than
than 20
20 years
animals observed.
observed.
The biology of abalone reproduction requires colonies of closely
Staff has
spaced mature
mature animals
animals for
for successful
successful spawning.
spawning. Staff
has
spaced
observed
no such colonies,
although some
some may
may exist
exist in
in a few
few
observed no
colonies, although
isolated areas.
areas.
isolated
Abalone
high value,
value, and the
the^ shells
shells over
over
Abalone meat
meat and
and shell
shell has
has a high
9 inches
trophies. We
inches are
are considered
considered trophies.
We have
have reason
reason to
to suspect
suspect
that abalone taken under the guise of sport harvest are being sold
sold
illegally in California.
California.
Background and
and Rationale (Continued)
(Continued)
The lack of a shellfish license, the generous sport limit, and the
large size
size of Oregon's
large
Oregon's abalone
abalone are too great an
an incentive
incentive for
for
selling abalone
abalone illegally.
illegally.
those selling
1995 permitting
permitting the
the
Commission adopted
The Commission
adopted rules
rules March
March 1995
broodstock for
forresearch,
research,
taking of wild
wild abalone
abalone for
for use
use asasbroodstock
taking
commercial aquaculture,
aquaculture, and replenishment
replenishment of depleted
populations
populations of
of wild abalone.
abalone.
Since
ODFW staff
staff in
in cooperation
cooperation with
with Oregon
Oregon State
State
Since then,
then, ODFW
University have
have been
been capturing
University
capturing wild
wild abalone
abalone for
for broodstock
broodstock
development. An
An abalone
abalone seeding
seedingprogram
program will be developed
developed to
are mature
establish breeding
breeding colonies.
colonies. Animals
Animals are
mature at about
about
establish
3 inches,
inches, and
and planted
would be protected
planted abalone
abalone would
protected for
for many
many
years of spawning prior to attaining the 8-inch
8-inch size
size limit.
harvest of an entire group of
A reduced bag limit would reduce harvest
survivors,
and would
survivors, and
would help
help prevent
prevent depletion
depletion as
as broodstock
broodstock
development and enhancement
enhancement efforts
efforts continue.
continue.
A free permit, requiring reporting
animals
reporting of catch and size of animals
taken, will help with stock
stock assessment
assessment and
and will
will identify
identi@ those
those
participating
participating in
in the
the fishery.
fishery.
Prohibiting harvest of abalone, except for obtaining
obtaining broodstock,
broodstock,
would be the more conservative
conservative approach.
approach. It would allow staff
additional time
time to survey
survey the abalone
abalone resource
resource and
and to
to develop
develop
enhancement program.
program. It would
would minimize
minimize or
or eliminatc
eliminate
an enhancement
depletion of remaining wild red abalone.
abalone.
Option 2 would allow a minimal amount
amount of
of harvest.
harvest.
PROPOSAL FOR
FOR MODIFIED
MODIFIED SPORT
SPORT FISHING
FISHING REGULATION
PROPOSAL
staff recommends
recommends Option
Option 1.
1. This recommendation
recommendation is in
The staff
response to a conservation crisis.
Abalone meat and shell has a
crisis. Abalone
inches are
high value
value and
and the shells
shells of
of animals
animals over
over 99 inches
high
considered trophies. We
We have
have reason to suspect
suspect that abalone
abalone are
are
being
waters under
under the
the guise
from Oregon
Oregon waters
guise of sport
sport
being taken
taken from
harvesting and
and are being
harvesting
being sold
sold illegally
illegally in
in California.
California. Staff
inspection
of abalone
abalofteareas
areasinin the
the last
last two years
inspection of
years indicate
indicate a
depleted population.
population. The
required to
to conserve
conserve the
the
depleted
The rule
rule is required
resource and take the incentive
of sport harvesting
resource
incentive Out
out of
harvesting for an
illegal market trade.
trade.
illegal
1OREGON1
OREGON
LPft&WiIdIFfeI
OREGON
ADMINISTRATIVE RULES
OREGON ADMINISTRATIVE
RULES
OREGON DEPARTMENT OF FISH AND WILDLIFE
Note:
Note: [[ ]] means proposed to
t o be
be deleted
deleted
Bold
means proposed to
t o be
be added.
added.
OPTION11
OPTION
Inclusions
Inclusions and
and Modifications
Modifications
111The "1996 Oregon
Oregon Sport
SportFishing
FishingRegulations"
Regulations"provide
providerequirements
requirements
635-039-0090 Iii
for sport
sportfisheries
fisheriesfor
formarine
marinefish,
fish, shellfish,
shellfish, and marine invertebrates in the Pacific Ocean, coastal
coastal
for
and beaches, commonly
commonly referred to as
as the Marine
Marine Zone. However,
However, additional
additionalregulations
regulations
bays, and
ofany
anyinconsistency,
inconsistency, the
the
subsequently, and these supersede, to
to the
the extent
extent of
may be promulgated subsequently,
Oregon Sport
SportFishing
FishingRegulations."
Regulations."This
Thisrule
rule contains
contains requirements
requirements which
"1996 Oregon
whichmodify
modi' the
"1996 Oregon
OregonSport
SportFishing
FishingRegulations"
Regulations"pertaining
pertainingtotothe
theMarine
MarineZone.
Zone.
J2) The
(21
The taking of abalone
abalone is prohibited.
prohibited.
ORS496.
496.138,496.146
and506.119
506.119
Stat.Auth.:
Auth.:ORS
Stat
138, 496.146 and
Stats.
Stats. Implemented:
Implemented:ORS
ORS496.162
496.162 and
and506.129
506.129
Hist.:Adopted
Adopted10-25-95,
10-25-95,ef.
ef.1-1-96
1-1-96
list.:
Div. 03 9-1
[OREGONI
OREGON ADMINISTRATIVE
RULES
ADMINISTRATIVE RULES
OREGON DEPARTMENT OF FISH AND
AND WILDLIFE
[Fish & Wlhilifej
N o t e : [[ ]I means proposed to
t o be deleted
deleted
Note:
Bold means proposed
proposed to
t o be
be added.
added.
OPTION 2
Inclusions and
Inclusions
and Modifications
Modifications
635-039-0090 jfl
f
l
J The "1996 Oregon Sport
SportFishing
FishingRegulations"
Regulations"provide
providerequirements
requirements
for
for sport
sport fisheries
fisheries for
for marine
marine fish,
fish, sheiffish,
shellfish, and marine invertebrates in the Pacific Ocean, coastal
additional regulations
regulations
bays, and beaches, commonly referred to as the Marine Zone. However, additional
may be promulgated subsequently, and these supersede, to
to the
the extent
extentof
ofany
anyinconsistency,
inconsistency, the
the
"1996 Oregon
Oregon Sport
SportFishing
FishingRegulations."
Regulations."This
Thisrule
rulecontains
contains requirements
requirements which
which modify
modif' the
"1996 Oregon
Oregon Sport
SportFishing
FishingRegulations"
Regulations"pertaining
pertainingto
tothe
theMarine
Marine Zone.
Zone.
J2)
possession limit
taking any
any abalone
abalone
(2) The daily catch and possession
limit isisone
oneabalone.
abalone. Prior
Prior to taking
a free harvest
~ e r m ishall
shall
t
obtained from
from the
the Oregon
Oregon Department
Departmentof
ofFish
Fish and
andWildlife,
Wildlife,
harvest permit
be obtained
2040 SE Marine
Marine Science
Science Drive,
Drive, Newport,
Newport, Oregon,
Oregon,97365.
97365.
Div. 039-2
,-_,
SED425a
42%
SED
!Rev.8495)
8/35)
(Rev.
C,-,,
<q'-'---'-''
CERTIFICATEAND
AND ORDER
ORDER
CERTIFICATE
FORFILING
FILING
FOR
PERMANENT
PERMANENT
ADMINISTRATIVERULES
RULES WITH
WITH THE
THE SECRETARY
SECRETARY OF
OF STATE
STATE
ADMINISTRATIVE
October
October25,
25,1995
1995
,i
HEREBYCERTIFY
CERTIFYthat
thatthe
Uleattached
attachedcopy
copyisisaatrue,
true. frill
fulland
andcorrect
correctcopy
copyor
ofPERMANENT
PERMANENTrule(s)
tule(s)adopted
adopted on'
IIHEREBY
bythe
the
by
Oregon Fish
Fishand
and Wildlife
WildlifeCommission
Commission
Oregon
(Date)
(osta)
(Oepaltnent)
(DaFum~enO
(Divtsion)
&I-n)
Januaryl,1996
Janualy 1,1996
to become effedive;
to become effectjve
Dab
Data
.
Thematter
matterhaving
havingcome
comebefore
beforethe
the
The
Oregon Fish
Fishand
and Wildlife
WildlifeCommission
Commission
Oregon
after
aner
OUslon
Oiision
Dsprmeu
Deparbnent
ailproeedur
pmeedurshaving
havingbeen
beenininthe
therequired
wuiredform
fmand
andconducted
conducted
accardanceVAttI
withapplicable
applicablestatutes
statutesand
andrules
rulssand
andbeing
beingfully
fuUyadvised
advisedininthe
thepremises:
prsmlss:
inin
accordance
all
NO
YES
DatePublished:
Published: October
October 1, 1995
Igg5
Date
YES
NO
.NOW
THEREFORE.
IT
IS
HEREBY
ORERED
THAT
the
following
action
be
taken:
(List
iNDNlOUAL
Rule
Number(s)
on
appmpriateLines
Linesbelow).
below).
NOW THEREFORE, IT IS HEREBY ORDERED
the following action be taken: (List INDIVIDUAL Rule Number(s) on appropriate
Noticeof
ofintended
intendedAction
Actionpublished
pubiishedin
inSecretary
Secretaryof
ofStates
State'sBulletin:
Bulletin:
Notice
ADOPTED3'4'67:
OAR
O A R 635-011-0105
635-011-0105
AMEN,,~~,a.7:
AMENDLDU7:
REPEALED4:
RENUM. To3'4'6'7'8
T03"~'.'."
RENUM.
-
-
-
AMENDED &8 RENUM.
RENUM.TO3'4'8'7'8
TO^'.^.''
AMENDED
as AdministratWe
Adrnmbtratrfe Rules
as
Rulesoflha
(the
DATED thts
OATEDthis
Oregon Department
Departmentof
of Fish
Fishand
and Wildlife
Wildlife
Oregon
15th
5th
Division
Oeprtmed
Department
day of
dayOf
November
November
.i995
REDACTED FOR PRIVACY
BY?
B?t:
Title:
.
STATUTORY AUTHORITY.
ORS 496.138
496.138and
and 496.146
496.146
STATUTORY
AUTHORI1Y: 0RS
: Or
Of
OTHER AUThORIW:
AUTHORIPI:
OTHER
STATUTESBEING
BEINGIMPLEMENTED:
IMPLEMENTED:
STAThTES
ORS
ORS496.162
496.162
SUMMARY:
SUMMARY:
Require a free
free harvest
harvest permit
permit for
forsport
sportharvest
harvestof
of abalone.
abalone.
Require
For Further
InformationContact:
Contact:
Fot'
Further Information
COORD~NATOR~:
RULES COORDiNATOR5:
RULES
Jan Ragni
Ragni
Jan
Phone:
Phone:
Instructions:
Instructions: 1Date
'Data must
must be
be prior
p#orto
to or
orsame
day as
as filing
filing--riot
notsubsequent
subsequentto
tofiling
fiiingdate,
date.
same day
5032.5400,
Ext.
503-229-5400.
Ext.305
305
-
2 ~ a t must
must
e
be upon
upon filing
fiiing or
or any
any later
laterspecified
specifieddate.
date.
2Date
be
3Numbe,s
being assigned
Secretary of
or State's
State's oifice,
office, Archives
Archives Division, Administrative
Administrative Rules
JNumben being
assigned must be preapproved
pr&ppmved by Secretary
Ruies Section,
Section.
4Enter
INDlViDUALLY(i.e.,
(i.8.. 000-000-0000,
WMXXUXXX),000-000-0000,
WOWOOOW, &
8 000-000-0000.
CCWXWOW. Do
Donot
notuse
useseries
seriesor
orparts
partsofofrules).
rules).
'Enter each
each rule
rule number
number affected
affected INDIVIDUALLY
I
'Required to
Oivision, Administrative
Rules Section.
Section.
5Required
to be on file with
with Secretaiy
Secretary of State's office, Archives Division,
Administrative Rules
tAftach
'~nachthe
theFULL
FULLTEXT
TEXTofofeach
eachrule
Nienumber
numberbeing
beingaffected.
affected. Do
Donot
notattach
attachtext
textofofrules
missnot
notaffected,
affected.
TFollowing
'~ollowingthe text of
of each
each rule
rule attached,
attached, insert
insellthe
thenumbers
numbersof
ofthe
thestatutes
statutesbeing
beingimplemented.
impiemnted.
°Enter
number).
'Enter renumbers
renumbers as follows:
foilow: (old
(oldnumber)000-000-0000
number)WO-MXMCC€to 000-000-0000
OOOWOMMO (new number).
I
1
STATEMXNT OF
O F NEED AND FISCAL IMPACT
STATEMENT
IMPACT
Before the
the Fish
Fish and
and Wildlife
Wildlife Commission
Commission
Before
Chapter No.
No.
Chapter
635
In the
the matter
matter of
of amendment
amendment of
In
OAR Chapter
Chapter 635,
635, Division
Division 011
01 1 and
and 039,
039,
the sport
sportharvest
harvest of
of abalone
abalone
relating to the
)1
))
1
1
)1
1
)
StatutoryAuthority,
Authority, Statement
Statement of
of Need,
Need,
Statutory
..
Principal Documents
Documents Relied
Relied Upon
Upon and
and
Principal
)
Statement
Statement of
of Fiscal
Fiscal Impact
Impact
)
1.
1.
Citation of
of statutory
statutory authority:
authority: ORS
ORS496.13
496.138
and 496.146
496.146
Citation
8 and
2. Statutes
Statutes being implemented:
implemented: ORS
ORS 496.162
2.
rules:
Needfor
forthe
therules:
3. Need
The rules are needed to further restrict
restrict the harvest
harvest of abalone f?om
from Oregon
Oregon waters
waters to
to ensure
that adequate
adequate escapement
escapement is allowed for reproduction needs to sustain
sustain the population.
Documentsrelied
reliedupon:
upon:
4. Documents
Staff
report prepared
Staffreport
prepared for
for the October
October 25,
25, 1995,
1995,hearing.
hearing
The above
above document
document is available
available for public inspection in the Department of
of Fish
Fish and
and Wildlife,
Wildlife,
Fish Division,
Division, Third
ThirdFloor,
Floor,2501
2501 SW
SW 1st
1st Avenue,
Avenue,Portland,
Portland, Oregon, between 8:00 an. and
4:30 p.m., on
on normal
normal working
working days,
days, Monday through Friday.
5. Fiscal and
and economic
economic impact:
impact:
5.
See attached.
attached.
See
Used: Ad
6. Advisory Committee
Committee Used:
Ad hoc
hoc committee
committee of
of sports
sports abalone
abalone divers
divers and retail
retail sport
sport shop
shop
6.
operators.
--
Ifnot,
why:
If
not, why:
REDACTED FOR PRIVACY
£
f
Date
Signature
1995Hearing
Hearing
Fiscal and Economic Impact Statement for the October 25, 1995
ofthe
Amendment of
of Rules
Rules Relating
Relating to Abalone
Abalone Sport
SportFishing
Fishing Regulations
Regulations
in the Matter of
the Amendment
.
Fiscal and economic impact:
The proposed
proposed rules
rules will
will affect state agencies, units of local
impact: The
An amendment
amendment to
to reduce
reducethe
thedaily
daily and the
the public,
public, respectively, as discussed below. An
government and
catch limit and possession limit
limit for
for recreational
recreational harvest
harvest of
of abalone
abalonewill
willbe
beconsidered.
considered. Another
amendment to restrict the method of
of harvest
harvest to
to free
free diving
diving (without SCUBA
SCUBAgear)
gear) may
may also
also be
be
considered.
considered.
XThe
Theonly
onlystate
stateagency
agencywhich
whichshould
shouldbe
beaffected
affected by
by adoption
adoption of these rules is the Oregon
A
Department of
of Fish
Fish and Wildlife.
Wildlife. No
Nosignificant
significant changes
changes from the current
current levels of
of the
the
department's operations
operations or
orexpenditures
expendituresare
areexpected
expected as
as aa result
result of
of the
the adoption
adoptionof
ofthese
theserules.
rules.
departments
by these rules.
rules. No
B. No
Nounits
unitsofoflocal
localgovernment
government are
are expected
expected to
to be
be affected
affected by
No significant
significant
changes from the currçnt
operations oorr expenditures are expected as a
changes
current levels of any local agencies' operations
result of
of the adoption
adoption of
of these rules.
Thepublic
publiccould
could be
be affected
affected by the adoption of these rules:
C. The
rules: Preliminary assessments
assessments of
of
Oregon's abalone
abalone stocks
stocks suggest
suggest that
that the
the population
population abundance
abundance is extremely low, and
and that
that the
the
remaining abalone are relatively old
A reduced bag limit would help reduce harvest of
old and
and large.
large. A
surviving abalone, and would
would also help prevent depletion as
as broodstock
broodstock development and
enhancement efforts continue. Abalone
Abalonemeat
meat and
and shell
shell (partitularly
(particularlyfrom
from large
largespecimens)
specimens)has
has aa
high value in commercial
commercial markets.
markets. The
sport caught
The staff
staff suspects
suspects that legally
legally (and illegally) sport
sold in
in California.
California. A reduction in the bag and
abalone from Oregon waters are
are being illegally sold
profit from
from selling
selling sport
sport caught abalone
possession limit would probably reduce the potential profit
outside the state, and
and hence reduce the total harvest of abalone. The
Thereduced
reducedbag
baglimit
limitwould
would also
also
make it easier to identify
caseswhere
whereenforcement
enforcementactions
actions are
are warranted.
warranted.
identi' cases
only would also be expected to reduce
of the method
method of
of harvest to
to free
free diving
diving oniy
reduce
Restriction of
recreational harvest. We
We do
donot
nothave
haveinformation
information that
that would
would enable us to anticipate
anticipate whether
whether and
and
w much such a restriction would discourage legitimate sport harvesters from participating in
recreational SCUBA
SCUBA diving
diving of fishing activities. AAsignificant
significant reduction
reduction in
in recreational
recreational activity
activity
do not
levels could have an adverse impact on
on businesses
businessesthat
that cater
caterto
torecreational
recreational divers.
divers. We do
to project the probability or extent of
have sufficient information to
of any
any such
such adverse
adverseimpact.
impact.
can be
be viewed
viewed as reducing
Although these rules relating to abalone sport fishing regulations can
positive economic
economic impacts in the short run,
run, conservation through the
the regulation
regulation of
ofseasons
seasons and
and
other factors
other
factors (such
(such as
as catch
catch limits)
limits) is intended to perpetuate Oregon's fishery
fishery resources
resources at
at optimal
optimal
levels in the long
long run. Failure to restrict harvests
harvests of
of fish to allow escapement for
for reproduction
reproduction
adverse economic
economic effects
effects in
inthe
thefuture.
future. The proposed regulations attempt
would result in severe adverse
to
fishingopportunity
opportunity subject
subject to
to the need
to strike
strike aa balance
balance which will provide optimal recreational fishing
to
to sustain
sustainabalone
abalone population
population levels
levels and
and to
to maintain
maintain ftiture
future benefits.
The
direction on the goals of
The rules
rules are believed
believed to be filly
fully compatible
compatible with
with legislative
legislative direction
of fish and
wildlife management in Oregon.
All businesses affected by these rules are
are believed to
to be
be "small
"small business."
business."
to R EG ON1
OREGON ADMINISTRATIVE RULES
OREGON DEPARTMENT OF FISH AND
AND WILDLIFE
WILDUFE
Iris&& WiidflfJ
Licenses, Tags, and Permits
Licenses,
635-011-0105 (1) License
license is
is required
required in
in possession
possession
635-011-0105
License Requirements:
Requirements: A valid angling license
of a
all
ll persons 14
14 years or over to angle
angle for
for or
or take
take any
any fish
fish for personal use, except
except when
when taking
smelt. Oregon
Oregon residents
residents on
on their
their own
own land,
land, or
or on
onland
land owned
owned by
by aa member
member of
of their
theirimmediate
immediate
upon which they reside, are exempt from
family and upon
from this requirement.
requirement.
(2) Salmon-Steelhead Tag
Tag Requirements:
Requirements: When angling for salmon or steelhead,
steelhead, all
all
lied salmon-steelhead
salmon-steelhead tag
tag or daily angling license in
in
anglers regardless of
of age
age must
must have
have aa valid
valid unfi
unfilled
possession. Only one salmon-steelhead
salmon-steelhead tag may be purchased per year. This
This tag
tag shall
shall be
be returned
returned
to ODFW
upon expiration.
tag entitles
entitlesthe
the angler
anglerto
to take
take up
up to
to 40
ODFWupon
expiration. The purchase of the original tag
year.
adult salmon or steelhead during the year
(3) Sturgeon
(3)
Sturgeon Tag
Tag Requirements:
Requirements:
for sturgeon
sturgeon (except
(except in the
the Snake River),
River), all
all anglers
anglers regardless
regardless of
of age
(a) When angling for
must have a valid unfilled sturgeon tag or daily angling license in possession. An angler may
obtain or possess
possess only
only one sturgeon
sturgeon tag per year;
(b) On the Snake River where
where no consumptive fishery
fisheryisisauthorized
authorized aa sturgeon
sturgeon tag
tag is not
(b)
required to angle
angle for sturgeon.
sturgeon.
(4) Halibut Tag
halibut, a
all
Tag Requirements:
Requirements: When angling
anghng for halibut,
ll anglers regardless of age
age must
tag or daily angling license in
in possession.
possession. An angler may purchase
purchase
have a valid unfilled halibut tag
only
only one halibut tag
tag per year.
year
-
(5) Recording Catch on Tag: Upon landing an adult salmon, steelhead, halibut, or legal
size sturgeon
sturgeon which is retained, the angler who landed the fish must immediately
immediately record on
on his
his or
her tag
tag or
or daily
daily license
license the following information: code for species caught;
caught; code
code for
for stream,
stream,lake,
lake,
Div. 011-1
'OREGON'
OREGON
ADMINISTRATIVE RULES
OREGON ADMINISTRATIVE
RULES
OREGON DEPARTMENT OF FISH AND WILDLIFE
WILDLIFE
IFiShWiI4Iif.I
recorded in
or ocean port; sturgeon
sturgeon length
length in
in inches; month and day of catch. Fish must be recorded
consecutive order on tag. Except
Except as
as provided otherwise, not
not more
more than
than six
six fish
fish may be recorded
on either
either a salmon-steethead
salmon-steelhead tag or
or sturgeon
sturgeon tag in
in seven consecutive
consecutive days. It is unlawful
unImvfuI to alter
alter
entries on tag or to possess
possess an
an altered
altered tag.
tag.
(6)
(6)Walking
Wallcing Disability Permit: Licensed anglers possessing a Blind Angling or Wheelchair
Wheelchair
Angling license, or a Walking Disability
Disabilitypermit
permit(issued
(issuedprior
priorto
to 1988) may angle from
from an
an anchored
anchored
where angling
angling from
ftom aa floating
floating device
device is otherwise
otherwise prohibited.
prohibited.
boat in rivers where
(7) Disabled Clam Digger Permit: A person may assist a disabled clam digger, provided:
provided:
(a) Both diggers
diggers have
have their
their own
own containers
containers for
for clams;
clams;
(b)
within 100 feet
feet of the
the assistant while the assistant is
@) The disabled clam digger is within
digging; and
(c) The disabled clam digger has either a valid
valid disabled
disabled clam
clam digger
digger permit,
permit, aa disabled
disabled
veteran's angling
veteran's
ang license, a disabled person angling license, or a blind angler license, all of which
OregoirDepartment of
are issued by Oregon-Department
ofFish
Fish and
and Wildlife
Wildlife in possession on
on the
the clam
clam beds:
(A) Persons wishing to
to qualify
quali' for
foraadisabled
disabledclam
clamdigger
diggerpermit
permit must
must be:
be:
(i) A person who has
because of
of paralysis
paralysis or
or the
the loss of use
use of
has severely
severely limited
iimited mobility because
some or all of the person's legs
legs or
or anns;
arms;
(ii) A person who is affected by loss of vision or substantial loss of visual acuity or visual
beyond correction; or
field beyond
-
(iii)
disabilitythat
thatprevents
preventsthe
the person
person &om
from walking
walkingwithout
without
(i) A person who has any other disability
the use of
200feet,
feet,
of an
an assistive
assistive device, or that causes the person to be
be unable
unable to
to walk
walkmore
more than
than 200
including but not necessarily
necessarilylimited
limited to:
Div. 011-2
OREGONADMINISTRATIVE
ADMINISTRATIVE RULES
RULES
OREGON
OREGON DEPARTMENT
DEPARTMENT OF
OF FISH
FISH AND
AND WILDLIFE
WILDLIFE
OREGON
jFisIi&WiWIif.
(I) Chronic
Chronicheart
heart condition;
condition;
(1)
@)Emphysema;
Emphysema;
(II)
Arthritis;
(ifi) Arthritis;
(IV) Rheumatism;
Rheumatism; or
or
(IV)
(V) Ulcerative
Ulcerativecolitis
colitisor
orrelated
relatedchronic
chronicbowel
boweldisorder.
disorder.
(V)
(B)
(B) Persons
Persons wishing
wishing to
to qualir
q u d ifor
fora adisabled
disabledclam
clamdigger
diggerpermit
permitmust
mustprovide
providewritten
written
certification from
from a licensed physician.
that the
the person
personisis
certification
physician. A
A licensed
licensedphysician
physicianmust
mustcertie
certif that
disabled,
disabled, as
as defined
defined above.
above. If
If the
the disability
disability is temporary, the physician also must give
give the
the date
date the
the
no longer
longerexpected
expectedtotoneed
needthe
thedisabled
disabledclam
clamdigger
diggerpermit.
permit. Physicians
Physicians who
who are
are
personisisno
person
authorized to
to certif'
certifydisabled
disabledclammers
authorized
clammersare:
are: Doctors
Doctors of
ofmedicine,
medicine, Osteopaths,
Osteopaths, Podiatrists,
Podiatrists,
Chiropractorsand
and Naturopaths.
Naturopaths.
Chiropractors
(d)
(d) The
The person
person assisting
assisting the
the disabled
disabled clam digger permit holder has a copy of the permit
pennit in
possession on the clam beds.
(8) Abalone
aermit shall
shall
(81
AbaloneHarvest
HarvestPermit:
Permit: Prior
Prior to
to taking
takin! any abalone a free harvest permit
be obtained
obtained from
from the
the Oregon
Oregon Department
DevartmentofofFish
Fishand
andWildlife
Wildlife(ODFW),
(ODIW), at
a teither
either2040
2040SE
SE
be
Marine
4475Boat
Boat Basin
Basin Boulevard,
Boulevard, Charleston,
Charleston,
MarineScience
Science Drive, Newport,
Newaort, Oregon.
Oregon, 97365,
97365, or 4475
97420. Hawest
on
Oregon, 97420.
Harvest of
of abalone
abalone isis to
to be
be reported
reported to
to ODFW
ODFW in
in the
the manner
manner stipulated on
the harvest
harvest permit.
aermit.
the
Stat. Auth.:
Auth.: OilS
ORS496.138,
496.138,496.146
496.146 and
and506.119
506.119
Stats. Implemented:
Implemented: OilS
ORS496.162
496.162 and
and506.129
506.129
Hist.:Adopted
Adopted10-25-95,
10-25-95,ef.
ef.1-1-96
1-1-96
list.:
Div. 011-3
ICR EG oI]
OREGON
ADMINISTRATIVE RULES
OREGON ADMINJSTRATIVE
OREGON DEPARTMENT OF FISH
FISH AND
AND WILDLIFE
WILDLIFE
OREGON
Ui& WildIff.J
Licenses, Tags,
Tags, and
and Permits
Licenses,
valid angling license is
is required
required in possession
635-011-0105 (1)
(1) License
License Requirements:
Requirements: A
Avalid
of all persons
any fish for personal use, except
except when taking
persons 14 years or over to angle for or take any
smelt. Oregon
Oregon residents
residents on
on their
their own
own land,
land, or
or on
onland
land owned
ownedby
by aamember
memberof
oftheir
theirimmediate
immediate
upon which they reside,
reside, are exempt from this requirement.
requirement.
family and upon
(2)
(2) Salmon-Steelhead
Salmon-Steelhead Tag
Tag Requirements:
Requirements: When
When angling
angling for salmon
salmon or
or steelhead,
steelhead, all
all
regardless of
of age
age must
must have
haveaa valid
valid unfilled
unfilled salmon-steelhead
salmon-steelheadtag
tag or
ordaily
dailyangling
anglinglicense
license in
in
anglers regardless
possession.
possession. Only
Only one
one salnion-steelhead
salmon-steelhead tag
tag may be purchased
purchased per
per year.
year. This
This tag
tag shall
shallbe
be returned
returned
to
tag entitles
entitles the
the angler to
to take
take up
up to 40
to ODFW
ODFW upon
upon expiration.
expiration. The purchase of the original tag
adult salmon or
or steelhead
steelhead during the year.
(3) Sturgeon
SturgeonTag
TagRequirements:
Requirements:
the Snake River),
River), all anglers regardless
regardless of
of age
(a) When angling for sturgeon (except in the
must
sturgeon tag or
possession. An angler may
must have
have aa valid
valid unfilled sturgeon
or daily
daily angling license in possession.
obtain
obtain or
or possess
possess only
only one
one sturgeon
sturgeontag
tag per
per year;
year;
(b) On the Snake
fishery is
is authorized
authorized aa sturgeon tag is not
@)
Snake River where no consumptive fishery
required to
to angle
angle for
for sturgeon.
sturgeon.
(4) Halibut Tag
Tag Requirements:
Requirements: When angling for halibut, all anglers regardless of age must
have
possession. An angler
have aa valid unfilled halibut tag or
or daily angling license in possession.
angler may purchase
purchase
only one halibut tag per
per year.
year.
(5) Recording Catch on Tag: Upon
halibut, or legal
Upon landing an adult salmon, steelhead, halibut,
size sturgeon
must immediately record
record on his or
sturgeon which is retained, the angler who landed the fish must
her tag or
daily
license
the
following
information:
code
for
species
caught;
code
for
or daily
information: code for species caught; code for stream, lake,
or ocean port; sturgeon
sturgeonlength
length in
in inches; month and day of catch. Fish must be recorded in
consecutive
order
on
tag.
Except
consecutive
on
Except as
as provided otherwise,
otherwise, not
not more
more than
thansix
sixfish
fish may be recorded
recorded
on
sturgeon tag
tag in
in seven
seven consecutive
consecutive days. It
It is
is unlawful
unluwfilto
to alter
alter
on either
either a salmon-steelhead tag or sturgeon
or to
to possess
possess an
an altered tag.
entries on tag or
(6)
( 6 ) Walldng
Walking Disability Permit: Licensed anglers possessing a Blind Angling
Angling or
or Wheelchair
Wheelchair
license, or a Walking Disability
Disabilitypermit
permit(issued
(issuedprior
prior to
to 1988) may angle from an anchored
Angling license,
in rivers where
where angling
angling from
kom a floating device is otherwise prohibited.
boat in
(7)
Digger Permit: A person may assist a disabled clam digger, provided:
(7) Disabled Clam
ClamDigger
provided:
(a) Both
Both diggers
diggershave
have their
their own
own containers
containersfor
forclams;
clams;
(b)
within 100 feet of the assistant
assistant while the assistant
@) The
The disabled
disabled clam digger is within
assistant is
is
digging; and
(c) The
The disabled
disabled clam digger has either a valid disabled clam digger permit, a disabled
veteran's
veteran's angling
anglinglicense,
license, aadisabled
disabled person
person angling
angling license, or
or aa blind
blind angler
angler license, all
all of
of which
are issued by Oregon
Fish and
ofFish
and Wildlife in possession on the clam beds:
Oregon Department
Department of
(A) Persons wishing to quali1
qualifyfor
foraadisabled
disabled clam
clam digger
digger permit
permit must
must be:
be:
(i) A person who has severely limited
limitedmobility
mobilitybecause
becauseofofparalysis
paralysisororthe
theloss
lossofofuse
useofof some or all of the person's
person's legs
legs or
or arms;
arms;
(ii) A person
person who is affected by loss of vision or substantial loss of
of visual acuity
acuity or
or visual
field beyond correction; or
Div. 011-1
JOREGONI
RULES
OREGON ADMINISTRATIVE
ADMINISTRATIVE RULES
OREGON DEPARTMENT OF FISH AND WILDLIFE
(sh & Wiiduf.j
((iii)
i) A
A person
person who
who has any other disability
disabilitythat
that prevents
preventsthe
the person
person from
from walking
walking without
without
the use
use of
of an
an assistive
assistive device, or that causes the person to be unable to walk more than 200 feet,
including but not necessarily
necessarily limited to:
to:
(
Chronic
)
condition;
(I)I
Chronic
heart condition;
@
Emphysema;
I)
(II)
Emphysema;
(m)
Arthritis;
(ifi)
Arthritis;
(IV)
(IV) Rheumatism;
Rheumatism; or
(V) Ulcerative
Ulcerative colitis or related chronic
chronic bowel
bowel disorder.
disorder.
(B) Persons wishing to qualify for
for a disabled clam
clam digger
diggerpermit
permit must
must provide
provide written
written
A licensed
licensed physician
physicianmust
mustcertify
certifythat
that the
the person
person is .
certification from a licensed physician. A
disabled, as defined above,
the disability is temporary, the physician also must give the date
above. If
Ifthe
date the
the
person is no longer
longer expected
expected to
to need
need the
the disabled
disabled clam
clam digger permit. Physicians who are
are
are: Doctors
Doctors of medicine, Osteopaths, Podiatrists,
Podiatrists,
authorized to certify
certify disabled clammers are:
Chiropractors
Chiropractors and
and Naturopaths.
digger permit
permit holder
holder has
has a copy of the permit in
(d) The person assisting the disabled clam digger
possession on
possession
on the
the clam
clam beds.
(2) Abalone Harvest Permit: Prior to taking any abalone a free harvest permit shall be
(8)
Marine
obtained
(ODFW), at either 2040
obtained from the Oregon
Oregon Department
Departmentof
of Fish
Fish and
and Wildlife
Widliie (ODFW),
2040 SE
SE Marine
Boulevard, Charleston, Oregon,
Oregon, 97365,
97365, or 4475 Boat Basin Boulevard,
Science Drive, Newport,
Newport, Oregon,
to be reported to ODFW in the manner stipulated on the harvest
97420. Harvest of abalone is to
97420.
permit.
permit.
Stat. Auth.: OilS
ORS496.133,
496.138,496.146
496.146 and
and 506.119
506.119
Stats. Implemented: OilS
ORS496.162
496.162 and
and506.129
506.129
list.: Adopted
Hist.:
Adopted10-25-95,
10-25-95, ef.
ef. 1-1-96
1-1-96
Div. 011-2