Springfield, OR. — The Oregon Fish and Wildlife Commission voted 6–1 on February 20 in Springfield to deny a petition seeking immediate modifications to Oregon’s commercial crab fishery rules aimed at reducing whale entanglement risks.
The petition, submitted by conservation groups including the Center for Biological Diversity, Oceana, Natural Resources Defense Council, and American Cetacean Society, asked the Commission to direct the Oregon Department of Fish and Wildlife (ODFW) to begin a formal rulemaking process.
Commissioners declined the request but urged ODFW to continue its existing rulemaking efforts and work with NOAA Fisheries to secure federal Endangered Species Act (ESA) coverage.
Whale entanglements have increased along the West Coast since 2014. State officials attribute the rise to a growing humpback whale population, shifting ocean conditions that increase overlap between whales and crab gear, and improved reporting practices. Most humpback whales off Oregon’s coast are listed as Threatened or Endangered under the ESA.
Accepting the petition would not have immediately changed any regulations but would have formally directed ODFW to initiate additional public rulemaking. That process would have included further public meetings and review of economic impacts before any rule changes were adopted.
At the meeting, commissioners reviewed hundreds of pages of written comments and heard testimony from nearly 70 individuals, including commercial crab fishermen, conservation advocates, coastal county commissioners, and Representative Boice of Curry County, who testified on behalf of the Oregon Coastal Caucus.
Although ODFW staff recommended accepting the petition to reinforce transparency in the public process, they noted that rulemaking was already underway. Director Debbie Colbert told commissioners the department’s recommendation was to “stay the course” on planned 2026 rulemaking.
That process includes reviewing current entanglement risk-reduction measures, considering experimental permits for pop-up and longline gear, and evaluating requirements for electronic vessel monitoring.
The 2026 rulemaking is part of a broader strategy launched in 2019 that includes collaboration between ODFW, the commercial crabbing industry, the Oregon Entanglement Advisory Council, and other stakeholders.
A key component of the strategy is developing a Conservation Plan required to obtain an Incidental Take Permit under Section 10 of the ESA. Finalizing the plan and securing the permit would provide federal compliance while maintaining the viability of Oregon’s commercial crab fishery.
Fish Division Administrator Mike Harrington said ODFW submitted a partial Conservation Plan to NOAA Fisheries last year and recently received feedback. He noted that federal staffing reductions and a government shutdown slowed progress but said the department expects to submit a final plan later this year.
In other business, the Commission voted 6–1 to adopt a Final Order requiring the Winchester Water Control District to install fish passage at Winchester Dam by 2030 after determining the district violated state fish passage laws in 2023.
A recording of the February 20 meeting is available on ODFW’s YouTube channel.
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