ODFW Approves New Rules For Commercial Crabbers

ODFW staff presenting to commissioners

The Oregon Fish and Wildlife Commission has approved new rules for the commercial Dungeness crab fishery aimed at reducing whale entanglements while keeping the fishery operating.

The Oregon Fish and Wildlife Commission heard a detailed proposal at the commission meeting in Salem on August 14, 2026 on new rules aimed at reducing whale entanglements in the state’s commercial Dungeness crab fishery while improving monitoring of the fleet.

Staff from ODFW’s Marine Resources Program asked commissioners to adopt three main rule changes:

• Require electronic monitoring (EM) on all Oregon commercial Dungeness crab vessels by February 1, 2027. Systems would record vessel location once a minute and hydraulic pressure six times a minute to document pot retrievals. Data would be transmitted over cellular networks to a service provider, then shared with ODFW and law enforcement. Federal funds are expected to cover up to $800 per vessel for equipment, but annual subscriptions of about $200–$400 would be paid by fishermen.

• Update rules for Experimental Fishing Gear Permits to allow testing of alternative crab gear, including pop‑up “ropeless” systems and longline configurations. The first round of testing is targeted for spring 2027, likely in small zones outside 40 fathoms during the late season, with roughly 7 to 14 permits issued statewide. Participants would have to use virtual gear‑marking apps so other fishermen and enforcement can “see” gear locations electronically.

• Make a housekeeping change to clarify how the 36‑foot maximum surface gear length is measured, matching existing outreach materials. The distance would be measured from the front of the main buoy to the front of the last trailer buoy.

OCCA Treasurer Carrie Brandberg

During public comment, Oregon Coast Crab Association representative Carrie Brandberg backed careful implementation but warned that new technology cannot come at the expense of working boats.

“It is critical that fishermen not be required to break a trip if an EM system malfunctions,” she told commissioners. “Fishermen who are working in good faith and comply with new evolving regulations should not be penalized for equipment failures beyond their control.”

On the experimental pop‑up and longline gear, she urged that trials be structured and transparent.

“Testing of pop‑up or other experimental gear must be objective, scientifically rigorous, and representative of Oregon’s fleet,” she said, adding that “testing cannot begin with a predetermined outcome” and must account for safety and whether the gear actually works on different vessel sizes and in real ocean conditions.

Environmental groups largely supported the proposed rules but pushed the commission to go further on whale protections. Speaking for the Natural Resources Defense Council, marine scientist Francine Kershaw called the package an important but incomplete step.

“We strongly support these rules and respectfully ask that the commission takes action to adopt them,” Kershaw said. But she added that “high numbers of entanglements continue to occur in Oregon’s crab fishery.”

The commission is expected to use the new monitoring and gear‑testing framework alongside a longer‑term conservation plan now under federal review, which includes adaptive management triggers tied to whale entanglement risk and confirmed cases.

Commissioners voted unanimously to adopt a package of rules that will:

• Require vessel monitoring through electronic systems that track crab boats during the active crab season

• Establish an experimental fishing gear permit program to test “pop‑up” and other alternative gear

• Make a small housekeeping change related to surface gear requirements.

  
  

One rule, will take effect February 1, 2027. Staff had already pushed some implementation dates to February 1 to give fishermen more time to install equipment. Most units can be installed by fishermen themselves with support from vendors. There is also a mechanism in the rules to grant short‑term exemptions if a monitoring unit fails at sea, so boats do not have to end a trip and return to port when a system breaks “through no fault of their own.”

Logbooks and data Paper logbooks will remain mandatory. Staff said they still rely on them to understand where crab are caught, how many pots are fished, and what the catch-per-unit effort looks like, especially if future closures by area, depth, or season are needed.

An optional electronic logbook app is available and has been tested with some fishermen. Staff said the new app can record position “with the push of a button” and is easier to use than paper, but it is not required at this time.

A major point of discussion was whether to exempt smaller vessels under 26 feet, especially open dory-style boats fishing close to shore in shallow water. Some commissioners argued for relief for these boats, saying they operate on thin margins, fish in shallower water and closer to the beach, and may face more challenges mounting equipment in exposed locations on small open hulls.

One proposal floated late in the discussion was to exempt boats under 26 feet that fish inside 25 fathoms. Staff reported there are about 30 vessels under 26 feet, roughly 10 percent of the active fleet. They cautioned against assuming all small boats are less profitable, and reminded commissioners that “every line in the water has a potential” to entangle a whale, regardless of boat size.

Instead, commissioners signaled interest in more analysis using existing logbook data to understand where and how smaller vessels fish, and flagged the issue for future review.

The new experimental fishing gear permit program is intended to test pop‑up and other alternative gear types that could reduce vertical lines in the water. Staff said they will work through the Oregon Entanglement Advisory Committee this fall to:

• Set criteria for issuing permits

• Decide what data needs to be collected

• Evaluate results and safety concerns

They expect it will take at least two seasons of fishing with alternative gear, and possibly three, before there is enough data to make solid recommendations about broader use. Commissioners urged staff to include a range of vessel sizes and fishing areas on the coast so the results are meaningful.

The discussion regarding the whale conservation plan and NOAA review was framed around the state’s broader effort to secure a federal incidental take permit for humpback whale entanglements.

ODFW submitted its proposed conservation plan to NOAA Fisheries in June. Staff said it is now in NOAA’s “whole‑team review,” including incidental take and Section 7 biologists. The goal is to formally submit a final version by the end of the year, though staff warned that the incidental take permit itself is still “farther down the horizon.”

Commissioners questioned how the plan’s take level for whales was set, why the state is proposing that number, and how to account for “unobserved” entanglements that never get reported.

Staff said new research on undetected entanglements is still preliminary and has not yet been incorporated into the plan, but they are meeting with the researchers this fall to understand the methods and may adjust in the future.

They also described ongoing work with OSU to refine science on when and where whale–gear overlap is highest, and to run management “what‑if” scenarios, such as changing depth lines or pot reductions and measuring how that affects risk.

Commissioner Labhart used the vote to put a long record of crab‑fishery rule changes on the record, arguing the state has been steadily tightening rules to reduce entanglements since 2014 that has included:

• Lost‑gear recovery efforts

• Mandatory marking and registration of crab gear

• Late‑season pot reductions and depth limits

• Late‑season buoy tag requirements

• Earlier-season risk reduction measures based on new science

• Line marking rules and transit rules

• The move toward electronic monitoring and alternative gear testing

He framed the core policy question as whether the recent rise in entanglements justifies going beyond the current adaptive approach and imposing even stricter measures than those proposed. He argued the staff recommendations “meet that standard” of following the science while protecting both whales and the fishing industry.

After discussion, the Commission moved to adopt the rule amendments to take effect February 1, 2027. The motion passed by unanimous voice vote.

Commission Chair Mary Wahl voted yes and said she would like a future discussion on when staff will return with updates, particularly on research into overlap, undetected entanglements, and results from the experimental gear program. The commission expects to revisit those broader conservation and management questions once more data and the federal review process are further along.