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).

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

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 Dealer Licenses Wholesale Fish Dealer License, Fish Buyer Wholesale Fish Dealer License, Fish Buyer 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.

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. The permits can be renewed each year as long as the levels of qualifying landings have been achieved. Each permit must be associated with a minimum of 5 landings of at least 100 pounds each, or an annual landing total of 2,500 pounds in the prior calendar year. Logbooks must be completed following each dive and submitted to ODFW within 10 days after

the month of harvest. In cases when the requirements for renewal of permits are not fulfilled, the permits become eligible for reassignment through a lottery.

ODFW adopted rules in 2008 regarding annual catch limits for cockles landed by the bay clam dive fishery from Netarts Bay (8,000 lbs) and Tillamook Bay (90,000 lbs). The ODFW / SEACOR program generated new stock assessment estimates for populations of bay clams that inhabit subtidal zones of Tillamook Bay and Netarts Bay in 2015. In response to these new estimates, the subtidal bay clam fishery was discontinued for Netarts Bay in 2016, and the annual catch limits were revised for Tillamook Bay to include 185,000 pounds for cockles, 235,000 pounds for gaper clams, and 225,000 pounds for butter clams. In 2016, the bay clam dive fisheries in Tillamook Bay were further amended to eliminate size limits for gaper clams, and the minimum size for cockles was established at 2¾”. ODFW routinely issues a closure of the bay clam dive fishery for the remainder of the calendar year when the annual quota is reached for any particular species of bay clam.

HARVESTING AND REPORTING COMMERCIAL LANDINGS

The operational process for permitting, harvest, and reporting commercial landings of bay clams from Oregon bays and estuaries begins with the decision by the harvester to participate in the bay clam dive fishery or the bay clam intertidal fishery, or both (Figure 1). Prospective harvesters must obtain the appropriate commercial licenses and harvest permits, and identify whether the bay clams will be sold as bait or for human consumption. Harvesters, processors, and buyers of clams for human consumption must obtain a Shellfish Sanitation Certificate from ODA (OAR 635- 005-0255).

After the required licenses, permits, and certificates have been issued, commercial harvesters proceed to collect bay clams from intertidal zone or subtidal zone by hand or hand-powered tools. Harvesters are required to record information about each clamming trip in a logbook that contains detailed instructions for data entry and rules regarding recordkeeping (as specified by OAR 63500-005-0345). The majority of bay clams harvested by the commercial bay clam fisheries have been historically sold as bait in support of the commercial ocean Dungeness crab fishery and other commercial fisheries. Clams harvested commercially for bait must be dyed with food grade red dye prior to landing (OAR635-005-0390) and sold to a licensed dealer within 48 hours of harvest. In contrast, bay clams destined for human food markets are not dyed and must be taken within waters certified as “not restricted” for human consumption by the Oregon Department of Agriculture (ODA; OAR 635-005- 0290), which monitors water quality at several stations around Tillamook Bay (Figure 7). All bay clams harvested for human consumption must be sold to a licensed dealer within 24 hours of harvest. Shellfish dealers are required to fill out a fish ticket to record each purchase of bay clams, and to submit the completed tickets to ODFW within five working days of the purchase. Oregon Revised 5

Statutes require that shellfish dealers pay an ad valorem tax equal to 2.25% of each transaction. Information contained within the commercial logbooks and fish tickets is subsequently entered into a database by ODFW to generate statistics used to track harvest rates and for management of the bay clam fisheries. The biomass of bay clams harvested is tracked by ODFW throughout the year, and the commercial fisheries are closed for the remainder of the calendar year when the annual quota is reached for any particular species of bay clam.

Figure 1. Operational process and sequential steps required for the commercial dive clam fishery and commercial intertidal rake fishery

Table 2. Summary of regulatory steps and management actions taken in Oregon to provide oversight of commercial bay clam fisheries (1948–2016)

Year Regulatory Steps and Management Actions Prior to Each individual county managed estuarine shellfish resources 1948 The state was granted jurisdiction over fishery; seasons and bag limits were 1948 established

Prior to the 1960s, most clams were harvested intertidally by hand

Permits required for mechanical harvest of subtidal clams and mechanical harvest of 1963 intertidal clams was disallowed Mid-1980s Mechanical gear harvest permits for subtidal harvest discontinued Shellfish harvest permit required for any commercial estuarine clam harvest 1985 (No limit on # of permits issued, “open access”) 1986 Require dyeing of clams harvested for bait

Developmental Fishery permit required. 20 permits issued; required landings for 1996 dive renewal, logbooks, and set quotas for Tillamook and Netarts subtidal

1997 Number of permits reduced to 10 (vessel or individual)

1999 5 “South Coast" permits added

2002 Allowed subtidal mechanical gear (stingers) by permit

2003 Out of season gaper by-catch allowed during dive butter harvest

Fishery moved to limited entry. 10 Coastwide, 5 south coast permits; size limits 2006 on cockles and gapers; area restrictions (OFWC 11/4/05) Tillamook and Netarts dive cockle quotas (90K and 8K, resp.) moved to permanent 2008 rule Prohibited littleneck harvest; increased cockle size limit to 2 ¾" for Tillamook only; removed gaper size limit; new quotas for Tillamook dive (cockles = 185K; butters = 2016 225K; gapers = 235K); disallowed diving in Netarts; clarified closed area in Tillamook (OFWC 9/4/2015)

HISTORY OF BAY CLAM REGULATIONS

Oregon’s rules and regulations regarding the commercial bay clam fisheries have been developed, updated, and revised over the past 70 years (Table 2). The list of regulatory steps and management actions provides a chronicle of historical oversight of estuarine shellfish resources by individual counties (prior to 1948), through granting of statewide jurisdiction over shellfish fisheries (1948), and early development of commercial shellfish harvest permits (1960s-1980s). More recent revisions of the regulatory framework over the past 25 years (1996 to present) have included designation of commercial bay clam harvests as a developmental fishery, establishment of a limited-entry permit system for the dive fishery, setting up special harvest management areas, and identification of annual landing quotas for particular bay clam species in Tillamook Bay and Netarts Bay (Table 2). These changes to the commercial bay clam fisheries reflect the adaptive management approach taken by Oregon to periodically revise and improve regulations in response to new information about bay clam populations, changes in commercial and recreational harvest activities, conservation concerns, and other issues raised by stakeholders.

RECENT TRENDS IN COMMERCIAL LANDINGS OF BAY CLAMS

Harvest of bay clams (cockles, butter clams, gaper clams, and native littleneck clams) for commercial purposes occurs in several Oregon bays and estuaries. Commercial harvest of bay clams has taken place since at least 1891 when landings totaled more than 28,000 pounds. Commercial bay clam landings have varied over time along with changes in market demands, shifts in effort expended by the commercial industry, and modifications in harvest methods. In some cases, harvest levels for a particular species of bay clam or discrete bay may experience substantial increases or decreases to result in a significant change in overall landings. Commercial landings of bay clams were not reported for particular species until 1978. Prior to 1978, commercial fishery landings were historically grouped into broad categories, such as “Clams, Mixed”, which were highly variable in the composition of the species caught among years; therefore, the species-level composition of commercial landings cannot be estimated with certainty. Although direct comparisons cannot be made between current and historical landings of bay clams, it is possible to reconstruct the historical commercial landings to enable comparison with total clam landings (Karnowski et al. 2012). For example, Cleaver (1951) provided some of the earliest details of the species composition of commercial bay clam landings in Oregon:

“During the period 1943-1949, an average of 47 percent of the total production was horseclams [gaper clams], 34 percent was cockles, and 19 percent was softshell clams. All three species are used in the restaurant and fresh food trade. Cockles have additional use as fish and crab bait which takes a large part of the total cockle catch.” (from: Cleaver, 1951) 8

Beginning in 1978, landings of bay clams were tracked both by species and by the bay from which harvest occurred. Total annual landings of all commercial bay clams harvested in Oregon from 1927 – 2020 are shown in Figure 2. Total commercial landings averaged less than 100,000 lbs each year over the period from 1927-1934, followed by a substantial increase in total landings to about 350,000 – 450,000 lbs each year over 1936-1941 (coincident with WW2). Commercial harvest of bay clams then declined slowly from the early 1950s to the mid 1960’s, and total annual landings remained below 50,000 lbs over the decade from 1967 to 1977 (Figure 2). Commercial landings of bay clams varied between 70,000 lbs and 150,000 lbs each year from 1978 to 2007, followed by a steady increase from 2008 to 2014 when 150,000 to 350,000 lbs were harvested each year. New annual landing caps were established for Tillamook Bay in 2016, and total commercial landings increased markedly until 2018 and reached a plateau (2019-2020; 700,000 to 800,000 lbs per year) as harvesters increased their collective effort and worked to attain the allowable annual quotas for the bay clam dive fishery (i.e., 185,000 pounds for cockles, 235,000 pounds for gaper clams, and 225,000 pounds for butter clams).

Statewide Commercial Bay Clams 1927 - 2020

900

800

700

600

500

400

300

Pounds (x 1000) 200

100

Figure 2. Total commercial landings of bay clams in Oregon (1927–2020)

During the past decade (2008–2020), 75 – 97% (88.5% overall) of the total statewide commercial harvest of bay clams has occurred in Tillamook Bay (Figure 3). Commercial landings of bay clams are sporadic and minor from locations other than Tillamook Bay, Netarts Bay, and Coos Bay. The biomass of bay clams harvested from Netarts, Coos, and Yaquina bays are at times significant and generally account for the 5 – 25% of the statewide landings.

Total Annual Commercial Bay Clams from Oregon (2008 - 2020) 900 Total 800 Tillamook 700 Netarts Yaquina 600 Coos 500 400 300 200 Pounds (x 1000) (x Pounds 100 0

Figure 3. Commercial landings of all bay clams in Oregon by bay (2008-2020)

The majority of the clams harvested from Tillamook Bay are collected from the subtidal zone by participants in the bay clam dive fishery (Figure 4; maximum 15 permits). Landings by the bay clam dive fishery averaged about 74% (range 55% to 80%) of the total commercial landings over the period from 2008 to 2014. In contrast, landings from the subtidal zone increased to about 85% (range 73% to 90%) of the total commercial landings over the period from 2015 to 2020. The number of permitted intertidal commercial harvesters varies annually and between bays, and an average of 17 harvesters land more than 500 pounds of bay clams per year from Tillamook Bay. Commercial harvesters who participate in the intertidal bay clam fishery are residents of Oregon or Washington.

The majority of total harvest historically consisted of cockles (2008-2013; Figure 5), but interest recently increased in the harvest of gaper clams to elevate their landings to a level nearly equal to cockles (2015-2020). Cockle landings in the Tillamook Bay subtidal dive fishery are currently limited by an annual quota of 185,000 pounds, which was typically attained in the first 3-4 months of the year in recent years (Figure 6). Once the cockle quota is reached, some clam divers 10

then turn their attention to harvesting butter clams (open year-round; annual quota 225,000 pounds) or gaper clams (open season July 1 – December 31; annual quota 235,000 pounds) to supply bait for the commercial Dungeness crab fishery.

Total Annual Commercial Bay Clams From Tillamook By Gear Type (2008 - 2020)

Total Dive Clams Raked Clams 800

700

600

500

400

300 Pounds (x 1000) 200

100

Figure 4. Landings of all commercial bay clams from Tillamook Bay by the dive fishery (“Dive Clams”) and intertidal fishery (“Raked Clams”) over the period 2008-2020

Total Annual Commercial Bay Clams From Tillamook By Species (2008 - 2020)

Total Butters Cockles Gapers 800

700

600

500

400

300 Thousands of Pounds 200

100

Figure 5. Commercial landings of the different species of bay clams from Tillamook Bay (2008-2020)

Total Annual Commercial Bay Clams for Tillamook Bay - Dive Fishery (2008-2020) Total Butters Gapers Cockles 700

600

500

400

300

200 Pounds (X 1000) (X Pounds

100

Figure 6. Total commercial landings by species for the subtidal dive fishery in Tillamook Bay 12

MARKETS AND SALES

Although bay clams are prized by recreational diggers as a high-value food item, bay clams harvested by the commercial fisheries are currently sold primarily as bait for the commercial Dungeness crab industry. Only a small portion of the commercial harvest of bay clams are destined for human consumption. While some small niche markets have developed intermittently for commercially harvested bay clams, a large-scale long-term human consumption market has not yet emerged in Oregon. A large portion of the bay clams harvested form Oregon bays and estuaries that meet the ODA criteria for human consumption are sold to public aquaria for use as food for sea otters. In cases where bay clams are harvested and sold for human consumption, commercial harvesters and shellfish dealers must satisfy ODA sanitation requirements to protect consumer safety. Areas within Tillamook Bay that are currently certified for collection of bay clams for human consumption are shown in Figure 7.

Figure 7. Management areas for commercial bay clam harvest in Tillamook Bay. The Oregon Department of Agriculture (ODA) maintains water quality sampling stations to establish areas prohibited for shellfish harvest for human consumption. ODFW established areas closed to commercial clamming east of the Coast Guard tower – Buoy 13 closure line and at the Ghost Hole.

SUMMARY

Oregon has a rich and productive history of commercial harvest of bay clams that support an industry and local communities. The Tillamook Bay Clam Advisory Committee (TBCAC) is charged with reviewing the status of bay clams and the commercial and recreational fisheries in Tillamook Bay. In this context, TBCAC will provide recommendations of rules, actions, or policies to improve bay clam management to ODFW for consideration. TBCAC and ODFW share the goals of maintaining the sustainability of bay clam resources, providing opportunity to stakeholders, and reducing conflicts among user groups.

REFERENCES

Cleaver, F. C. 1951. Fisheries statistics of Oregon. Oregon Fish Commission.

Karnowski, M., V. Gertseva, and A. Stephens. 2012. Historical reconstruction of Oregon's commercial fisheries landings. Oregon Department of Fish and Wildlife Information Reports 2012-02.

Ainsworth, Justin C., D’Andrea, Anthony F., Vance, Mitch, Groth, Scott D., Elizabeth A. Perotti. 2014. Status of Oregon bay clam fisheries, stock assessment, and research. Oregon Department of Fish and Wildlife Information Reports 2014-09.