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Commercial Backgrounder MANAGEMENT AND RECENT HISTORY OF COMMERCIAL BAY CLAM FISHERIES IN OREGON Many species of bay clams inhabit the intertidal and subtidal waters of Oregon’s bays and estuaries. However, only three species of bay clams (cockles, Clinocardium nuttallii; gaper clams, Tresus capax; butter clams, Saxidomus gigantea) are the primary targets for harvest by the commercial bay clam fisheries. Regulations regarding operation of the commercial fisheries are established by the Oregon Department of Fish and Wildlife (ODFW / Licensing and Shellfish Programs) and the Oregon Department of Agriculture (ODA / Food Safety Program). Most bay clams harvested by the commercial fisheries are sold as bait for the commercial Dungeness crab fishery, but the market for human consumption of bay clams has grown over recent years. This document provides an overview of ODFW management and recent history for the commercial bay clam fisheries in Oregon bays and estuaries with particular focus on Tillamook Bay. COMMERCIAL BAY CLAM FISHERIES Two distinct fisheries exist for the commercial harvest of bay clams from Oregon waters, including: (1) Bay Clam Intertidal Fishery (collection of bay clams from the intertidal zone or “rake fishery”); and (2) Bay Clam Dive Fishery (collection of bay clams from the subtidal zone or “dive fishery”). Both of these commercial fisheries focus on harvest of identical species of bay clams (i.e., cockles, gaper clams, butter clams), but differ in the requirements for licensing, permitting, harvest methods, and other aspects of the fishery. ODFW regulations currently prohibit all commercial harvest of native littleneck clams (Leukoma staminea) coast-wide (OAR 635-005-0290). 1 Marine Resources Program | Oregon Department of Fish and Wildlife 2040 SE Marine Science Drive | Newport, OR 97365 | (541) 867-4741 Steve Rumrill | Shellfish Program Leader | [email protected] Mitch Vance | Shellfish Project Leader | [email protected] Liz Perotti | Assistant Project Leader | [email protected] http://www.dfw.state.or.us/MRP/ Commercial fisheries for bay clams that are harvested from the intertidal zone or subtidal zone are managed through a series of regulations that are updated and revised annually by ODFW (Table 1). The ODFW / 2021 Synopsis of Oregon Commercial Fishing Regulations provides specific details applicable to the shellfish fisheries, including rules regarding commercial licenses, harvest permits, logbooks, open and closed seasons, harvest areas, minimum clam shell sizes, annual landing limits, fish tickets, and other regulations. Table 1. Summary of ODFW regulations regarding the commercial intertidal and subtidal fisheries for bay clams in Oregon (from: ODFW / 2021 Synopsis of Oregon Commercial Fishing Regulations; pgs. 33-35) Regulations Clam and Intertidal Fishery Bay Clam Dive Fishery Harvester Licenses Commercial Fishing License or Bait Fishing Commercial Fishing License or Bait Fishing License License (Boat License not required) Type of Fishery Open Access (unlimited number of permits) Limited Entry (participation limited to 10 coast-wide and 5 south-coast permits) Permits Commercial Shellfish and Intertidal Harvest Coast-Wide Bay Clam Dive Permit (10); Permit South Coast Bay Clam Dive Permit (5); Individual or vessel permit required to use dive gear Logbooks Commercial Shellfish Logbook, filled out Dive Logbook, filled out prior to each prior to leaving harvest area and submitted offload and submitted to ODFW within 10 to ODFW within 10 working days following working days following month of harvest month of harvest Open Seasons Year-round, except intertidal gaper clams Year-round, subtidal gaper clams may be are closed to harvest January through June taken January through June as incidental catch (25 lbs gapers per 100 lbs butter clams, or 1 gaper per 8 butter clams); dive fishery for bay clam species closes when annual catch limit is reached Areas All areas open except: Nestucca; All areas open except: Nestucca, Netarts Salmon, Siletz bays; Shellfish Preserves in Salmon, Siletz bays; “Ghost Hole” south of Netarts and Yaquina bays; Netarts Bay floating toilet and other special (cockles allowed in defined management management areas in Tillamook Bay, Coos area); special areas in Tillamook Bay Bay, South Slough, and Yaquina Bay Annual Catch Limits Annual quota for Netarts Bay: cockles Annual quotas for Tillamook Bay: 22,000 lbs cockles 185,000 lbs; butter clams 225,000 lbs; gaper clams 235,000 lbs Size Limits Minimum size of cockles harvested from Minimum size of cockles harvested from Netarts or Tillamook bays 2 ¾”; cockles Tillamook 2 ¾”; cockles harvested from 2 harvested from other bays 2 ¼” other bays 2 ¼” Other Harvester Rules All clams harvested for bait must be visibly All clams harvested for bait must be visibly dyed; clams harvested for bait may not be dyed; clams harvested for bait may not be possessed at same time on vessel or mixed possessed at same time on vessel or mixed with clams for human consumption; ODA with clams for human consumption; ODA Shellfish Sanitation Certificate required for Shellfish Sanitation Certificate required for harvest of bay clams for human harvest of bay clams for human consumption; commercial harvest of consumption; commercial harvest of littleneck clams prohibited state-wide littleneck clams prohibited state-wide Wholesale Fish Dealer License, Fish Buyer Wholesale Fish Dealer License, Fish Buyer Dealer Licenses License, Fish Bait Dealer License, or Limited License, Fish Bait Dealer License, or Limited Fish Seller License Fish Seller License Dealer Fish Tickets Tickets to record sale and purchase of bay Tickets to record sale and purchase of bay clams, forwarded to ODFW via paper or E- clams, forwarded to ODFW via paper or E- Ticket within 5 working days Ticket within 5 working days ODFW requires all commercial fishermen to hold a valid Commercial Fishing License (ORS 528.235) or Commercial Bait Fishing License (ORS 528.312). Clams harvested for commercial purposes may only be sold to a licensed wholesale dealer or buyer, and additional rules require submittal of commercial fishery logbooks (OAR 635-005-0375) and fish tickets to document harvest activities and landings of bay clams. Commercial fishery logbooks provide detailed information about the date and location of harvest, weight of clams collected, and time spent to collect the clams. Additional information is obtained from fish tickets, or receipts, that are completed at the time of sale of the clams from the permitted harvester to a licensed wholesale dealer or clam buyer. These receipts constitute the landing records for the commercial fisheries and indicate the name of the permitted harvester, date, location, weight sold, and identity of the dealer that purchased the clams. INTERTIDAL BAY CLAM FISHERY Commercial harvesters who participate in the intertidal bay clam fishery in any bay or estuary must first obtain a Commercial Shellfish and Intertidal Animal Harvest Permit (OAR 635-005- 0245) which is required for the legal collection of bay clams from the intertidal zone of Oregon bays and estuaries. The intertidal bay clam fishery is an open-access fishery with no current limit on the number of permits, and ODFW generally issues annual permits to 30-60 commercial harvesters. About 50% of the active permit holders make significant landings of bay clams in any year. 3 Commercial harvesters working in the intertidal zone focus primarily on collection of cockles, and the vast majority of the intertidal fishery occurs in Tillamook Bay. The minimum size limit for cockles harvest from Tillamook Bay is 2¾“, and the minimum size for cockles is 2¼” in all other bays where commercial harvest is allowed. All species of bay clams may be taken from most of Oregon’s larger bays and estuaries, with the exception of Netarts Bay where an annual catch limit of 22,000 lbs of cockles may be taken only from the intertidal zone along the west side of the bay. Annual landing caps have not been established for the commercial harvest of bay clams collected from the intertidal zone in the other bays and estuaries. Areas closed to the commercial harvest of bay clams from the intertidal zone include Nestucca Bay, Siletz Bay, and the Salmon River estuary, shellfish preserves located in Netarts Bay and Yaquina Bay, areas other than designated harvest area in Netarts Bay, specific management areas in Tillamook Bay, and any areas closed by the Oregon Department of Agriculture due to elevated marine biotoxins or other public health hazards. DIVE BAY CLAM FISHERY The Bay Clam Dive Permit (OAR 635-005-0310) is required for the legal harvest of bay clams from the subtidal zone throughout Oregon’s bays and estuaries. ODFW issues a maximum of 10 Coast-wide Bay Clam Dive Permits that provide authorization to harvest bay clams from designated bays and estuaries all along the Oregon coast. Additionally, 5 South Coast Bay Clam Dive Permits are also available that restrict harvest of bay clams from designated estuaries located south of Heceta Head. In most years, all of the coast-wide permits are active in Tillamook Bay. The Dive Bay Clam Fishery underwent substantial changes in the recent past. In 2005, ODFW converted the harvest of bay clams from subtidal areas from a developmental fishery to a limited- entry fishery. The developmental fishery phase lasted several years during which time participants worked closely with ODFW to develop regulations for the fishery. As a limited-entry fishery, the total number of permits is restricted to 15 and serves to control the number of active participants and potential harvest of bay clams, thereby fostering sustainability of the clam populations and maintenance of the subtidal fishery. Permits issued for participation in the dive bay clam fishery are not transferable, unlike permits in some other limited-entry fisheries. Each Bay Clam Dive Permit must be designated by the permit holder as either an individual permit associated with the person, or a vessel permit associated with a boat.
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