Access: The rocky shoreline is only accessible via private property.

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10. Whale Cove Site description: Whale Cove is a small cove fringed by private homes and condominiums with diverse and relatively undisturbed rocky intertidal and subtidal habitat located approximately 1.5 miles south of Depoe Bay in Lincoln County, Oregon (Figure 17). Designation: Prior to TSP designation of Whale Cove as a habitat refuge, ODFW already had regulations that did not allow harvest of finfish and invertebrates. Whale Cove is the only state-designated marine habitat refuge in Oregon. The refuge includes all areas in Whale Cove below extreme high tide east of a line drawn across the mouth of the cove, as defined by points at 44 47'14.2'' N. Latitude, 124 40 17.9 W. Longitude (point A) and 44 47 22.0 N. Latitude, 124 40 19.2 W. Longitude (point B) (ODFW Marine Zone Fishing Regulations, 2006). Access: The rocky shoreline is only accessible via private property. Ownership: The upland is entirely privately owned. DSL owns submerged and submersible lands. Key Resources: No new seabird data has been published since the 1988 USFWS data, which was used to write the TSP resource section. The TSP notes several small seabird colonies on associated cliffs, that bald eagles have been known to nest in the area, that the area has relatively undisturbed intertidal and subtidal habitat and some of the only offshore kelp beds north of Cape Arago (Figure 17). Visitor Use: The upland is entirely privately owned. Because it is a habitat refuge, collecting fish, shellfish, and marine invertebrates within the cove is prohibited. Visitor use numbers are unknown. Table 12 lists allowed and prohibited uses. Management: ODFW manages the site as a habitat refuge. The upland is entirely under private ownership. OPRD manages the Ocean Shore Recreation Area. Impact Concerns: The only concern the TSP mentions is the possibility of future development affecting harbor seals. This is still a valid concern. Management Objectives: The TSP objective for this site is to maintain [the] current undisturbed intertidal and subtidal habitats and resource values while allowing appropriate use of adjacent ocean waters. Although no study has been conducted to determine the maintenance of undisturbed habitats and resource values, the presumed use of the area is low. It is not know whether or not the protected status of the site is effective, given the low probability of regular enforcement and the private ownership of all uplands. Management Prescriptions: The TSP prescriptions are to continue current management; in addition: prohibit all marine algae collection except by permit. 54

Status of Prescriptions: Although OPRD discourages the collection of intertidal algae within all of the ODFW specially managed areas within the marine zone, there is no official prohibition. Table 12. Allowed and prohibited uses at Whale Cove Habitat Refuge ALLOWED General recreational activities (e.g., walking, tidepooling, bird watching) as long as private property owners permission is obtained Environmental education/interpretation as long as private property owners permission is obtained PROHIBITED Ocean Shore Recreation Area Prohibited Activities* Take of marine fish, shellfish, and other marine invertebrates Harassment of marine mammals pursuant to the Marine Mammal Protection Act and any species protected by the Endangered Species Act Climbing on offshore rocks (exposed and not connected to the land at mean high tide) Disturbance/collection of historic artifacts Trespassing on private property *1.) Fires in driftwood piles, dunes or near beach grass, 2.) Commercial activities without a permit, 3.) Motor vehicles where posted, 4.) Construction, removal of rock, sand, logs or marine algae without a permit, 5.) Trespassing or digging on sand cliffs Whale Cove from Rocky Creek wayside Rocky shoreline just north of Whale Cove 55

Figure 17 Whale Cove Whale Cove Rocky Creek SRA Rocky Creek SRA Cape Foulweather Otter Crest SSV Otter Crest SSV Devil's Punchbowl SNA!. [ [ Approx. Park Boundaries Habitat Refuge Marine Garden Kelp Beds Rocky Intertidal Beach Access Devil's Punchbowl SNA Whale Cove to Devil's Punchbowl 0 0.125 0.25 0.5 Miles / Created in ArcGIS 9 using ArcMap Marine Mammal Haulout Seabirds Laurel Hillmann OPRD NOAA Coastal Fellow December 2005

11. Otter Crest/Devil s Punchbowl Site description: One mile of intertidal habitat approximately five miles south of Depoe Bay in the town of Otter Rock, Lincoln County, Oregon (Figure 17). Designation: This is Oregon s first marine garden. It was marine garden before the TSP was published. The Otter Rock Marine Garden includes all rocky areas, tide pools, and sand beaches situated between extreme high tide and extreme low tide lying between a line projected due west from the highest point of Cape Foulweather visible from the shore (Otter Crest State Wayside) on the north, to a line projected due west from the Devil s Punchbowl on the south (ODFW Marine Zone Fishing Regulations, 2006). Access: Public access is via a relatively easy gravel trail down from the parking area at Devil s Punchbowl State Natural Area. OPRD owns the stairwell and takes it down every winter because of high waves. Private access is available from the Inn at Otter Crest, just north of the town of Otter Rock. Ownership: DSL owns submerged and intertidal lands. OPRD owns a section of park property (Devil s Punchbowl State Natural Area) on the south end and all other upland is privately owned. Key Resources: Resources include high public-use intertidal habitat; small seabird colonies; a harbor seal haulout; and opportunities for natural resource interpretation. No new seabird data has been published since the 1988 USFWS data, which was used to write the TSP resource section. The TSP notes that six species of seabirds breed here including approximately 23,000 common murres and 550 Brandt's cormorants Bald eagles and brown pelicans (threatened and endangered species) use this site. Visitor Use: Visitors use the site for education, exploring tidepools, sport fishing from shore, marine mammal viewing, dog walking, and reaching the beach. Some illegal collecting occurs. A 2005 OPRD visitor use survey includes detailed site use information and data from visitor interviews (Hillmann, 2005; APPENDIX B). Use of the nearby parking lots is increasing with an all time high figure of 719,294 for 2004 (Figure 18). About 25 people visit the rocky intertidal per hour from May through August (Hillmann, 2005; APPENDIX B). This amounts to approximately 20% of visitors from parking lots going down to the rocky shore during this period. Table 13 lists allowed and prohibited uses. Management: Unchanged. A portion of the upland is managed by Oregon Parks and Recreation Department (OPRD) as Devil s Punchbowl State Natural Area. Devil s Punchbowl is part of OPRD Region 1 and the Beverly Beach Management Unit. The sites status as a Marine Garden is unchanged and is still managed by Oregon Department of Fish and Wildlife. 57

Day-Use Visitors 800000 700000 600000 500000 400000 300000 200000 100000 0 1965 1975 1985 1995 2005 Year Figure 18. Visitor use of Devil s Punchbowl/Otter Crest from 1965-2005 Impact Concerns: The TSP concerns, which are still valid today, are overuse of the intertidal area (primarily due to trampling) and disturbance to harbor seals Management Objectives: The TSP objective is to enhance enjoyment and appreciation of intertidal resources while protecting intertidal area from effects of overuse. Management Prescriptions: The TSP prescriptions are to implement rotational area closures as necessary to allow recovery of intertidal areas receiving greatest use; prohibit harvest of intertidal algae (seaweeds). Status of Prescriptions: No rotational closures have been deemed necessary to allow recovery from areas receiving greatest use, nor have studies been done to determine the necessity of doing so. OPRD discourages people from harvesting intertidal algae (seaweeds) but no regulations prohibit it Some illegal collecting in the marine garden continues. The public knows very little about Oregon s intertidal protections. Educational Opportunities: The TSP suggests expand informational and interpretive programs in state parks to accommodate increased visitor usage, including educational groups; coordinated informational programs with those at Yaquina Head Outstanding Natural Area. OPRD has expanded interpretive programs along the coast by hiring seasonal rocky shore interpreters at Ecola/Oswald West, Seal Rock, Strawberry Hill, Yachats, and Cape Arago. The only on-site interpretation is the Welcome to Our Home sign. 58

Table 13. Allowed and prohibited uses at Devil s Punchbowl State Natural Area and Marine Garden ALLOWED General recreational activities (e.g., walking, tidepooling, bird watching) Single mussels may be taken for bait Environmental education/interpretive activities PROHIBITED General Park Regulations (e.g., dogs off leash, disturbance/collection of historic artifacts, hunting) Commercial, scientific or recreational harvest of living species within Marine Garden boundaries Harassment of marine mammals pursuant to the Marine Mammal Protection Act and any species protected by the Endangered Species Act Climbing on offshore rocks (exposed and not connected to the land at mean high tide) Recommendations for Devil s Punchbowl State Natural Area The Otter Rock Marine Garden (aka Devil s Punchbowl) is an easy-to-access, high-use area that is home to diverse intertidal habitat, seabird colonies and an easily accessible harbor seal haulout. Recommendations for improving rocky shore management and compliance with the TSP at Devil s Punchbowl include: Natural Resources Officially prohibit intertidal marine plant collection within this and all marine gardens, habitat refuges, and research reserves except for scientific research Discourage DSL from issuing kelp leases for areas offshore the marine garden. Support and consider funding baseline research on the rocky shore ecosystems and species. Study how humans affect this and other high use rocky shore sites, including options for long-term monitoring. Once human impact has been documented, implement rotational closures as necessary to allow recovery of intertidal areas receiving greatest use. Interpretation Place a seasonal rocky shore interpreter on site to provide roving interpretation from May-August. Improve signs, including the marine garden sign, marine mammal sign, and rocky shore interpretive panels. Other Put tide charts in the restrooms and at the top of the path leading down to the marine garden. This will improve visitor safety, because people frequently go inside the punchbowl and water comes in very quickly with the rising tide. Incorporate TSP management objective and prescriptions into master plans, interpretive plans and natural resource management plans Detailed recommendations for this site are available in the recently completed report on the visitor use of Devil s Punchbowl SNA (Hillmann, 2005). 59

Devil s Punchbowl intertidal area Gull Rock (offshore) 12. Gull Rock Site Description: Gull Rock is located approximately 0.4 miles offshore and about six miles north of Yaquina Head in Lincoln County, Oregon. Designation: The TSP designates Gull Rock a "priority rock" although the study needed to warrant additional management measures has not occurred, and Gull Rock is not specially designated by the state. However, Gull Rock is part of the USFWS Oregon Islands National Wildlife Refuge (NWR). Access: Access is by boat only. The Oregon Islands National Wildlife Refuge prohibits public access to all offshore rocks. Ownership: DSL owns submerged and submersible (intertidal) lands. USFWS owns offshore rocks above MHW. Key Resources: There has been no new seabird data published since the 1988 USFWS data, which was used to write the TSP resource section. The TSP notes six species of seabirds breed here including approximately 23,000 common murres and 550 Brandt s cormorants Bald eagles and brown pelicans (threatened and endangered species) use this site (OPAC, 1994). Harbor seals continue to use the rock as a haulout (ODFW, 2001). Visitor Use: The TSP reports that humans do not use the rock, and it is illegal for them to do so. People may be able to reach it by boats from local ports/harbors or via small vessels (e.g., kayaks) launched from nearby beaches such as Beverley Beach during calm weather. Table 14 lists allowed and prohibited uses. Management: USFWS manages the rock as part of the Oregon Islands National Wildlife Refuge. 60