Oregon Theodore R. Kulongoski Governor

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1 Oregon Theodore R. Kulongoski Governor Department of Fish and Wildlife Marine Resources Program 2040 SE Marine Science Drive Newport, OR Voice: Fax: January 24, 2006 TO: RE: Oregon Ocean Commercial Dungeness Crab Permit Holders and Interested Persons Draft Crab Pot Gear Limitation Proposals for Comment At its March and April 2006 meetings, the Oregon Fish and Wildlife Commission (OFWC) will consider limits on the gear used in the ocean commercial Dungeness crab fishery. This action is in response to industry surveys in support of crab pot limits, the results of the 2005 Dungeness Crab Industry Summit, a staff briefing to the OFWC, and industry testimony at the October, 2005 OFWC meeting. More detailed information on the Crab Industry Summit as well as the history, goals and background information on crab pot limitations can be found on the ODFW website at: (underline between Crab and pot ). If you do not have internet access, information will be mailed on request (refer to contact information below). This letter provides two draft staff proposals for your review and comment. You will also find details on the process for your comment and review as well as information on the Commission decision-making process. Process for Comment: Your ideas and opinions are important to us. Please review the draft pot limit proposals and provide your comments/suggestions, in person or in writing, by February 28, 2006, or through one of the workshop teleconferences described below. This initial comment/feedback will be used to finalize proposals to be presented to the OFWC at its March Meeting. The March OFWC meeting will be an informational briefing and will provide for additional written and oral comments. The final consideration/decision on a pot limit will be at the April 14 OFWC meeting, at which written and oral comment is also accepted. Comment is welcome by February 28, 2006 via: Mail: Crab Pot Comments c/o Patricia M. Burke Oregon Department of Fish and Wildlife Marine Resources Program 2040 SE Marine Science Drive Newport, OR By Phone: Cyreis Schmitt / Mitch Vance By crab.pots@state.or.us 1

2 Timeline/Commission Process: January 24, 2006: Mail out draft proposals (this letter) to all permit holders, processors and interested persons. February 6 and 7, 2006 from 10 a.m. - noon. Two teleconferences with call-in opportunities for questions or comments on the proposals with ODFW staff. Conference call-in number on both dates will be: (code: #) February 28, 2006: Last day for written comment period on the two draft crab pot proposals included in this letter. Comments received during this period will be used by staff to finalize proposals to be presented at the March OFWC meeting. The Commission will be briefed at the March meeting, but no decision will be made at that time. Please note that additional written and public comment opportunities will be available at the March 17 and April 14 OFWC meetings. March 17, 2006 Options presented at OFWC meeting in Newport. (Public comment opportunity.) Location: Embarcadero Conference Center, on the bay front. April 14, 2006 OFWC considers the adoption of a crab pot limit (decision-making and public comment opportunity). Meeting location: ODFW Headquarters/ 3406 Cherry Avenue NE/ Salem, OR October 1, 2006 If adopted, pot limits take effect for the season. Pot/permit stacking and buoy and pot tag requirements may need to be delayed until the season due to implementation constraints. Guidance and Direction to staff in preparing options: Each of the options presented here have factored in specific guidance that emerged from the 2005 Crab Industry Summit and guidance from our Fish and Wildlife Commission and ODFW Director s office, as listed below. Consensus Recommendations from July 2005 Crab Industry Summit: 1. Proposal must be administratively simple and enforceable. 2. Use buoy tags and pot tags for enforcement. 3. Target a reduction to 150,000 pots with additional reductions possible in the future. 4. Consider across-the-board 5-10% cuts if initial goal is not achieved. 5. Allow permit stacking with half the pots transferable and retire the stacked permit. 6. Establish an appeals board process. 7. Formal review of the plan 3 years after implementation. 2

3 Commission Guidance from October 2005 OFWC (crab issue briefing and public testimony) meeting: 1. Proceed with pot limit options for implementation in season. 2. Few Tiers (1-3) 3. Use reliable data (e.g., not pot declaration data). 4. Use the control date (August 14, 2001) to establish eligibility criteria. 5. Require pot and buoy tags for compliance. The draft proposals are attached. We look forward to your comments on these draft proposals by February 28th. We will factor in the comments received by that date in crafting final staff proposals to the OFWC in their March briefing. Additional written and public comment will be accepted prior to and during each of the two OFWC meetings as well. Please note that although buoy tags and pot/permit stacking may not be implemented in the first season, your comments on these proposed approaches are also appreciated. Sincerely, Patricia M. Burke, Manager Marine Resources Program Oregon Department of Fish and Wildlife Attachments: Draft Crab Pot Limit Plan Options Pot limit assignments by permit number for Option A 3

4 . Draft for comment 1/24/06 DRAFT OREGON CRAB POT LIMIT PROPOSALS: Two draft options are presented. Option A is a multi-tiered approach and Option B requires pot limits for a portion of the season only. Option A provides for three tiers. Option B provides for a single pot limit for all non-limited transfer vessels until February 1 of each season. Limited transfer vessels would have a lower pot limit until February 1. POT LIMIT - OPTION A: Three Tiers, pots based on landings from This option limits the number of pots that can be used by a specific permit. It is a three tier plan. Vessels with an Oregon Dungeness crab permit, qualify for 500 or 300 pots based on landings under that permit in the six seasons prior to the control date. There is also a third tier of 100 pots for the limited-transfer permits. (Those are the 27 permits that were designated in 1995 as permits that could only be transferred to vessels less than 26 feet in length). This approach would accommodate a future coast wide crab pot limit. Only one Oregon pot limit is allowed per vessel. Pot limits are set as follows: Total landings in Oregon for each season for the six seasons from 1995 to 2001 were calculated for each Oregon commercial ocean Dungeness crab permit. For each crab season, each permit s landings are ranked by its total Oregon landings that season compared to landings by all other Oregon permits that season. The highest rank attained by a permit for any one of those six seasons will be the rank used for tier assignment. Permits that had no landings in Oregon are assigned to the lowest tier. The pot limit applies to all vessels fishing off Oregon, including those in state waters (0-3 miles) and in federal waters (3-200 miles). Vessels without Oregon permits have no qualifying landings in Oregon and are assigned the lowest tier (300 pots) while fishing off of Oregon from miles. The pot limit tier assignments for each Oregon ocean Dungeness crab permit number under Option A are attached. For each tier, permits are listed in order. This list of tier assignments is based on the best information available to us at this time. This option addresses the over-arching goal of capping the number of pots fished by Oregon permits at 150,000 as follows: There are 433 Oregon permits in the fleet. There are 27 limited-transfer permits that are restricted to 100 pots. Therefore, there are 147,300 pots remaining to be allocated to 406 permits. This would break down to 128 permits (32%) allocated 500 pots and 278 permits (68%) allocated 300 pots. 4

5 Under Option A, qualifying landings in Oregon for the top tier of 500 pots are: Season Crab Landings (pounds) , , , , , ,700 Draft for comment 1/24/06 POT LIMIT - OPTION B: Another approach to pot limits would be to address overcapitalization and the derby aspects of the Dungeness fishery during the early portion of each season. By limiting all crabbers to a single, equal number of pots for a limited duration, all permit holders have equal access to the fishery for that portion of the season. A single pot limit of 200 (Draft number; please comment on number of pots) applies until February 1 of each season to all commercial Dungeness crab permitted vessels fishing off of Oregon, except those with Oregon limitedtransfer permits. After that time, there will be no pot limits applied for the remainder of the season. Limited-transfer permits (n=27) would also have an initial low pot limit of 50 pots for the same period of time. BUOY TAGS (Implementation is likely to be deferred until season): Buoy tags will be a crucial element to enforce any pot limit program. Enforcement personnel will need to be able to identify any individual pot as being associated with a specific Dungeness crab permit without having to pull each pot. Without that capability, officers can not quickly determine if a pot is being fished legally and gear would be repeatedly and unnecessarily disturbed. Due to the complications associated with ordering, purchasing, and distribution of buoy tags, it is likely that this aspect of the pot limit plan will be delayed by one year. This delay will allow ODFW License Bureau to produce adequate database support and properly address all potential ramifications of the implementation of buoy tags. Buoy tags will have two numbers printed on them: the crab permit number and a sequential number identifying it within its tier (001 xxx). There will be a different color for each tier. Colors will be changed each season. Buoy tags can be purchased and picked up during the renewal process. 5

6 Draft for comment 1/24/06 Replacement buoy tags (if allowed) will be a separate distinctive color. Replacement buoy tag (if allowed) availability dates have not yet been proposed. An application would be required stating what tags were lost (specific number), and how they were lost. Replacement tags, if allowed, would be made available through the ODFW Salem office. ODFW Licensing program would administer implementation of buoy tag requirements, database, distribution, and tracking. Information is made available to OSP. Individual buoys shall have only one brand number assigned to one permit. BUOY TAG FEES: Pre-paid fees for buoy tags (add in costs incurred for system setup) Could be a condition of license renewal OTHER GEAR RESTRICTIONS: Limit the maximum pot size to 13 cubic feet. VIOLATIONS: Commercial fishing violations are Class A misdemeanors. PERMIT STACKING (Implementation likely to be delayed until season): In order to allow permit holders to grow their businesses, permit stacking will be allowed in a manner that will reduce the number of permits in the fleet and also reduce the potential number of pots in the fleet. The general structure of a permit stacking plan would allow the purchaser of an OR crab permit to increase the pot limit associated with their original permit to the next tier (within certain maximum limits). The newly purchased permit would then be removed from the system. Again, due to time constraints and the complex nature of reassigning permits through the License Bureau, this aspect of a pot limit plan will likely be delayed. The duration of the delay may be contingent upon the progress that California makes toward implementing LE-200 rules at the OR / CA border. APPEALS: Individuals wishing to appeal their pot limit may make written request, to the Crab Permit Review Board, for a hearing and should include: a concise statement as to why the appeal is being made, the basis upon which the aggrieved person believes a different decision should be made, and a statement of other relevant facts. In accordance with any applicable provisions of ORS to ORS for conduct of contested cases, a hearings officer shall review the proposed appeal of an applicant. A party must petition for Commission review of the hearing officer s proposed order within 30 days of service of the proposed order if the party wants the proposed order changes. A party must 6

7 Draft for comment 1/24/06 identify which sections of the proposed order it objects to, and refer to sections of the administrative record and legal authority supporting its position. Final Orders shall be issued by the Appeals Board and may be appealed as provided in ORS to ORS A deadline for receipt of pot limit appeals should be established (6 months after enactment?). PROGRAM REVIEW: Review the implementation and operation of the new crab pot limit program with the Commission three years after implementation. ADDITIONAL INFORMATION: Crab Effort and Landings 200, , , ,000 Pots Declared 120, ,000 80,000 60,000 40,000 20, ,000,000 30,000,000 25,000,000 Pounds Landed 20,000,000 Pots 15,000,000 Harvest 10,000,000 5,000, Crab Season Below is the administrative rule language regarding the Commercial Dungeness Crab control date: Pot Limit Control Date (OAR ) If the Oregon Fish and Wildlife Commission establishes a vessel crab pot limitation or allocation system beyond the ocean crab season, August 14, 2001 is the control date for eligibility criteria related to past participation in the ocean fishery. 7

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