Depoe Bay harbor commissioners debate draft harbor ordinance, crab-pot limits and dock rules

Depoe Bay Harbor Commission members reviewed a draft harbor regulation ordinance at a Feb. 19 special meeting and spent most of the session debating how the rules would treat crab-pot storage, portable steps and stairs, ADA access on Dock 2, attachments to docks and who would pay for damage to newly installed dock panels.

The commissioners discussed several specific changes staff proposed and asked that language be clarified before the commission sends the ordinance to the City Council for consideration on March 4.

Why it matters: The ordinance would set daily operating rules for Depoe Bay’s new docks, including where people may board or disembark, how many crab pots charters and recreational users may store on docks, and whether portable steps and equipment can be left on finger docks. Those rules affect commercial charter operators, recreational boaters and city maintenance obligations.

Commission debate and public comments Harbor Commission member Jack, who spoke several times during the meeting, urged a practical approach toward crab-pot storage and said the issue affects a short part of each day: “when you really think about it, they’re not there all night,” he said, adding that “10 pots, I think, is agreeable, workable.” Jack and other commissioners said charters typically leave most gear at sea and that the anticipated peak number of pots on docks at any one time would be far below earlier estimates.

Fran Beck, a member of the public who identified herself during the meeting, raised wording concerns in several places and pushed for clearer language on the definition of unauthorized use. Beck recommended replacing an opening clause about "entering any vessel" with wording focused on "remaining at the harbor without authorization or remaining after a license agreement has been terminated." Beck said she was worried about fairness and enforcement when vessels come to refuel or seek shelter in distress.

Dock access and ADA designation Commissioners and commenters discussed a staff proposal to designate areas of Dock 2 as the primary ADA-accessible boarding location. Harbor Commission member Kim requested clarifying language after others raised concerns that the designation not be read to exclude people with mobility disabilities from other, non-boarding uses of other docks. A staff speaker said the designation would be specific to boarding and disembarkation but that other dock uses remain permitted.

Attachments, fenders and material durability The commission discussed whether fixed fenders and other bumpers should be attached to cleats only, and whether some rub rails would be installed only on selected docks (fuel dock, sport dock and No. 1 dock). Several commenters who had inspected the new dock panels reported concern about the panels’ durability and edge geometry: one commenter said the new material feels "harder than aluminum" and warned that a 90-degree edge could chip or cause damage. Commissioners asked staff to have the harbor master and city staff review sample materials and report back.

Portable steps, crab pots and damage responsibility The draft ordinance as written would allow portable steps or stairs to be stored on the last three docks while underway; the commission debated whether steps must be stowed onboard while underway or may be temporarily stored on those sections. The ordinance also increased an initial staff-proposed limit for crab pots (earlier discussions mentioned seven) to a current draft number of up to 10 per vessel. Commissioners and commenters said they want the City Council to decide final numbers, and staff said the draft did not set a mandatory numeric cap but reflected negotiations between harbor staff and stakeholders.

Several speakers urged the ordinance include explicit liability language requiring users who store crab pots or other equipment on docks to be responsible for damage they cause. Staff responded that mats and dollies are expected to be used under stored pots, but replacement of damaged panels could require removing and replacing whole panels, not single boards, which increases repair costs.

Process and next steps Staff told the commission they will present the ordinance and related items to the City Council on March 4. A staff speaker said the plan is to request a resolution and to seek emergency adoption so that charter operations would be allowed to store crab pots on docks under the ordinance rather than remain prohibited under a prior council order that banned crab pots after Oct. 14. The exact storage fee and how it would be calculated were not specified and will be set by council; staff said they will present past fee structures and current cost estimates to inform the council’s decision.

Other technical edits Commissioners identified numerous wording and cross-reference edits (for example, in sections cited as 92.03, 92.07(c) and 92.11), suggested moving some sanitation language into the animal/animals section, and requested that text about the CVA pump-dump station be rewritten to place the pump-dump station on the fuel dock. Staff agreed to incorporate the suggested edit and to clean up several places where draft language was ambiguous.

No formal vote was recorded at the special meeting; commissioners instructed staff to refine ordinance language and return with revised text and material-review findings for the March 4 council presentation. The commission also announced a ribbon cutting for the new docks at 11 a.m. March 1.

Ending: The Harbor Commission scheduled no additional commission meeting for Feb. 26; commissioners said they will address outstanding items in March and forward a formal recommendation and fee discussion to the City Council on March 4.