My first summer as a full-time Oregon coast resident has been full of trips to the beach, blackberry picking, hikes, and hammock reading. On most days after work, I am able to enjoy walking my dog along the bluff by our house where you can often spot the telltale spray of whales feeding in the coastal waters. However, given my current project (read about it here!), I can’t help but think about the issue of whale entanglement that occurs when these animals come into contact with fishing gear, and specifically Dungeness crab fixed gear. As part of my fellowship, I will drafting a section for the Dungeness crab fishery management plan (FMP) describing this complicated problem and the work that is being done throughout Oregon and the west coast to address it.

Whale entanglements on the U.S. West Coast have historically occurred at low levels, but an increase in the number of confirmed entanglements has been reported since around 2014. A number of complex factors may be contributing to the increased occurrence of entanglements including changing environmental conditions, altered whale and prey abundance and distribution, shifting fishery effort, and improved public reporting. However, a range of information gaps currently exist that hinder our ability to effectively reduce risk.

Most entanglement reports are the result of opportunistic sightings which are “confirmed” by NOAA Fisheries using photos or videos of the entangled whale, follow-up observations by NOAA staff, or consultation with experienced partners involved in the West Coast Region Marine Mammal Stranding Network. If these criteria are inadequate or unavailable, then these reports cannot be confirmed.

While reporting and response efforts are continually improving, there is still a high degree of uncertainty about the source of entanglements. Whales travel great distances which can make it incredibly difficult to determine the timing and location of entanglements. In a large portion of confirmed reports, it is also not possible to identify the gear type or specific fishery it is associated with. It is clear, however, that whales are entangled in a wide variety of gear types and configurations which contributes to the complexity of the issue and makes a simple solution unlikely.

The majority of identifiable entangling gear has been attributed to trap or pot fisheries, and particularly the commercial Dungeness crab fishery. This issue was highlighted in 2017 by a lawsuit filed by the Center for Biological Diversity against the California Department of Fish and Wildlife for allegedly allowing the Dungeness crab fishery to take whales listed under the Endangered Species Act without an approved Incidental Take Permit (ITP). In March 2019, a settlement agreement was reached resulting in the early closure of the California fishery on April 15^th and including a number of measures for future seasons.

State management agencies along the west coast are actively working to reduce the risk of whale entanglements in Dungeness crab and other fixed gear. In Oregon, the Oregon Department of Fish and Wildlife (ODFW) is working with researchers, industry, state and federal partners, and the Oregon Whale Entanglement Working Group (OWEWG) to develop management measures and strategies to supplement existing regulations that reduce entanglement risk (e.g., limited entry and pot limits, summer fishery trip limits, post-season derelict gear retrieval program, etc.). The agency is also collaborating with researchers at Oregon State University’s Marine Mammal Institute on a study to better understand the temporal and spatial distribution of whales off Oregon and habitat use patterns. In April 2019, ODFW formalized their intent to apply for an ITP and has taken steps to initiate the multi-year process.

Additionally, ODFW will be recommending management measures for whale entanglement mitigation through a phased approach to the Oregon Fish and Wildlife Commission (OFWC) in the coming months. Phase 1 will be recommended in September for implementation at the start of the 2019-20 crab season, while Phase 2 will be recommended in early 2020 for implementation as early as spring 2020. Recommended management measures aim to improve our understanding of when crab fishery effort overlaps with whale occurrence throughout the season and our ability to determine where and when entanglements originate. Measures will also be recommended to reduce the number of vertical lines in the water during a potential “late season” fishery when whale feeding aggregations are commonly found off Oregon. Details of these rule-making packages can be found in the ODFW industry notice found here.

Voluntary best practices that the Oregon crab fleet can take to reduce the risk of whale entanglement have also been developed by the OWEWG and are available here.

I look forward to learning more about this issue in the coming weeks as ODFW prepares to recommend Phase 1 of the whale mitigation rule-making packages to the OFWC. Moving forward, I will work to include in the FMP the collaborative efforts of various partners working to mitigate the risk of whale entanglements, while maintaining the vitality of the crab fishery.

Additional references

Braby, C. 2019. Reducing risk of whale entanglements in Dungeness crab gear – building resiliency into the crab management framework. Director’s Report. Oregon Department of Fish and Wildlife, Marine Resources Program. Available at https://www.dfw.state.or.us/agency/commission/minutes/19/06_June/Director’s%20Report_Whale.pdf

NOAA Fisheries. 2019. 2018 West Coast Whale Entanglement Summary. U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service. 10 pp. Available at https://www.fisheries.noaa.gov/resource/document/2018-west-coast-whale-entanglement-summary

Oregon Department of Fish and Wildlife (ODFW). 2019. Industry notice, April 12, 2019. 4 pp. Available at https://www.dfw.state.or.us/MRP/shellfish/commercial/crab/docs/Industry%20Notice%202019-0412_FINAL.pdf

Saez, L., Lawson, D., DeAngelis, M., Petras, E., Wilkin, S., and Fahy, C. 2013. Understanding the co-occurrence of large whales and commercial fixed gear fisheries off the west coast of the United States. NOAA Technical Memorandum, NOAA-TM-NMFS-SWR-044. 102 pp.

Drawing by H.L. Todd, from No. 2553, U.S. National Museum. California, William Stimpson.

Landings of Dungeness crab were first recorded in Oregon in 1889 and have continued to constitute a major fishery resource ever since. Over time, the fishery has seen increased participation, changing technology, and improved understanding of crab biology and population dynamics which have shaped the management system that is in place today.

Crabbing began in the major bays and other protected waters along the Oregon coast. Gradually, these efforts expanded to the open ocean where the vast majority of commercial crabbing in Oregon now takes place. From 1909 to 1933, commercial fishers were subject to daily and/or annual bag limits. When these catch limits were repealed in 1933, a sharp increase in landings occurred and continued until 1948 with crabbing for both male and female crabs open year round.

In 1948, the first seasonal closures began in Oregon with the goal of reducing the catch of crab that are in poor condition (i.e., low meat yield) during times when molting takes place. At the same time, the harvest of female crabs was first prohibited (which was practiced long before it was set in rule) in an effort to support the reproductive output of the population. Size regulations were first implemented in the early 1900s and have remained largely unchanged. Size limits were enacted with little knowledge of the species biology, however, research now supports a 6.25” (159 mm) minimum carapace width which allows male crabs to reproduce for at least one season before being targeted by the fishery. These three components (i.e., size, sex, and season) constitute the “3-S” management strategy that is employed by Dungeness crab fisheries along the coast.

Over time, additional management measures have been adopted to limit effort in the Dungeness crab fishery and to reduce the impacts of lost or abandoned gear. In 1995, a limited entry program was implemented allowing for a set number of available vessel permits. In 2006, a three-tiered pot limit system (200, 300, and 500 pots) was adopted to control the gear capacity of the fishery. Regulations are also in place in the commercial fishery requiring 4.25” escape rings, biodegradable release mechanisms, and buoy marking for identification.

Dungeness crab has always been managed at the state level, but there is a history of interstate cooperation to standardize measurement methods, coordinate opening dates, and maintain consistency in other regulations. A Memorandum of Understanding (MOU) between Washington, Oregon, and California was first signed in 1980 and subsequently amended to formalize each state’s commitment to mutually supportive management of the resource. In 1990, the Tri-State Dungeness Crab Committee was coordinated by the Pacific States Marine Fisheries Commission (PSMFC) to provide a forum for negotiating issues that affect more than one state’s fishery.

During my fellowship with Oregon Department of Fish and Wildlife (ODFW), one of the major challenges is researching and documenting the changes that have taken place in the fishery over time and the management decisions that have led to the current regulatory structure. In addition to the long history of the ocean commercial Dungeness crab fishery, a targeted bay commercial fishery and active recreational fishery for Dungeness crab also exist. I am working to include a detailed description of each of these fisheries and an assessment of the challenges they face to support coordinated management and minimized complexity.

From the early days of the fishery when crabs were landed by the dozen to the current transition to an electronic Fish Ticket system, the Dungeness crab fishery in Oregon has a long and rich history. As I approach the halfway point in my fellowship, I look forward to shifting gears from describing the current status of the resource (e.g., biological information, threats to the resource, available data, and research gaps) to a closer look at the historical and current management strategy for this important fishery resource.

[1] Demory, D. 1990. History and status of the Oregon Dungeness crab fishery. Oregon Department of Fish and Wildlife, Marine Region, 12 pp.

[2] Didier, A. J., Jr. 2002. The Pacific coast Dungeness crab fishery. Pacific States Marine Fisheries Commission, 30 pp.

[3] Rasmuson, L. K. 2013. The biology, ecology and fishery of the Dungeness crab, Cancer magister. Advances in Marine Biology, 65: 95–148.

[4] Waldron, K. D. 1958. The fishery and biology of the Dungeness crab (Cancer magister Dana) in Oregon waters. Fish Commission of Oregon, Contribution No. 24, 43 pp.