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View Full Version : Governor Closes Crab Season Until December 1



Dan Bacher
11-13-2007, 12:18 PM
Here is today's executive order from Schwarzenegger closing commercial and recreational crab fishing in the area impacted by the Cosco Busan oil spill. Making things more confusing than they already are, the Governor did not specify the area to be closed, but left it to the discretion of the DFG, in consultation with OSPR.

Acccording to Schwarzenegger, "the applicable sections of the California Fish and Game Code are suspended for all fishing seasons that are open or scheduled to open between November 8, 2007 and December 1, 2007, to the extent that such marine life is being taken for human consumption in the area impacted by the oil spill, such area to be determined by the Department of Fish and Game, in consultation with OSPR."

11/13/2007

EXECUTIVE ORDER S-14-07by theGovernor of the State of California
WHEREAS, on November 8, 2007, a major oil spill occurred when the container ship COSCO BUSAN struck the fender surrounding a footing of the western span of the Bay Bridge in the San Francisco Bay; and

WHEREAS, on November 9, 2007, I proclaimed a State of Emergency in the City and County of San Francisco and the counties of Alameda, Contra Costa, Marin, San Mateo, Solano and Sonoma due to the effects of this major oil spill; and

WHEREAS, the conditions caused by the oil spill continue to create conditions of extreme peril to the safety of persons and property in the area; and

WHEREAS, the oil spill continues to threaten marine life in the area, including marine mammals, birds, crabs, herrings and other fish populations; and

WHEREAS, sea water contaminated from the oil spill continues to move in and around the San Francisco Bay due to tide and weather; and

WHEREAS, at this time, the human health risk posed by the human consumption of crab, herring and other marine life caught in the oil spill area is unknown.

NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California, in accordance with the authority vested in me by the State Constitution, statutes of the State of California, including the Emergency Services Act and in particular Government Code sections 8567 and 8571, do hereby issue the following order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. The Department of Fish and Game, in consultation with the Office of Oil Spill Prevention and Response (OSPR), shall determine the geographic area impacted by the oil spill that poses a potential risk to human health that may come from the human consumption of marine life as a result of the oil spill.

2. The Office of Environmental Health Hazard Assessment (OEHHA), in consultation with the Department of Public Health, shall expeditiously review the available scientific information to determine whether a significant human health risk is posed by the human consumption of marine life caught in the area impacted by the oil spill.

3. The applicable sections of the California Fish and Game Code are suspended for all fishing seasons that are open or scheduled to open between November 8, 2007 and December 1, 2007, to the extent that such marine life is being taken for human consumption in the area impacted by the oil spill, such area to be determined by the Department of Fish and Game, in consultation with OSPR. This suspension shall remain in effect until December 1, 2007 unless modified by the Director of the Department of Fish and Game upon consultation with OEHHA and the Department of Public Health on whether a significant human health risk is posed by the human consumption of marine life caught in the area impacted by the oil spill.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its departments, agencies, or other entities, its officers or employees, or any other person.

I FURTHER DIRECT that as soon as hereafter possible, this Order shall be filed with the Office of the Secretary of State and that widespread publicity and notice be given to this Order.




IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 13th day of November 2007.



ARNOLD SCHWARZENEGGER
Governor of California



ATTEST:

DEBRA BOWEN
Secretary of State

metalmouth
11-13-2007, 01:29 PM
Edited:

Dan Bacher
11-13-2007, 02:05 PM
The DFG will issue a press release about the closure area later today, according to Steve Martarano, public information officer. I'll post the release as soon as I get it.

This oil spill and the ensuing response to it have developed into a big mess. I'm sure there will be Congressional investigations, criminal investigations and a host of lawsuits in its wake. I hope the guy who was busted for doing the right thing and cleaning up the beach in front of his house files legal action against the National Park Service; how ridiculous! As the old saying goes, "no good deed goes unpunished."

sehoner
11-13-2007, 03:28 PM
"...3. The applicable sections of the California Fish and Game Code are suspended for all fishing seasons that are open or scheduled to open between November 8, 2007 and December 1, 2007, to the extent that such marine life is being taken for human consumption in the area impacted by the oil spill,..."

As I understand it form reading this, no where does it say you CAN NOT fish. It simply states if you are taking fish for human consumption then you cant fish.

????

Rich.

Dan Bacher
11-13-2007, 05:02 PM
I'm still waiting for the DFG to clarify what areas will be closed. They are supposed to get out a press release, but I just called Steve Martarano, public information officer, and no release has been issued as of 5:00 p.m. Tuesday, November 13.

RonM
11-14-2007, 12:28 PM
This is from the KCRA website...


http://www.kcra.com/2007/1114/14596037.jpg

www.dfg.ca.gov/news/fisheries-closure.pdf
http://www.dfg.ca.gov/news/news07/07082.html

SAN FRANCISCO -- The state Department of Fish and Game on Wednesday defined fishing closure boundaries following last week's oil spill in San Francisco Bay.

The move follows an executive order signed by Gov. Arnold Schwarzenegger on Tuesday that suspended all fishing, including the start of crab season, in the areas impacted by the oil spill.

Closures will be in effect immediately and will prohibit all commercial and recreational fishing and the operation of live wells or holding tanks that draw water from outside the vessel, the state said. Commercial bait operations using holding pens or nets in the affected waters are also prohibited.

The closures will affect all San Francisco Bay waters west of the Carquinez Bridge, excluding rivers, streams, creeks and their tributaries. The south end of the boundary closure begins at San Pedro Point in San Mateo County and proceeds due west three nautical miles, extending north to three miles west of the Point Reyes Lighthouse in Marin County.

The suspension is for all fishing in the areas affected by the oil spill until Dec. 1, or when Fish and Game and state health officials determine the fishing season can be opened.

On Nov. 9, Gov. Schwarzenegger proclaimed a state of emergency in the city and county of San Francisco, as well as Alameda, Contra Costa, Marin, San Mateo, Solano, and Sonoma counties, in response to the disaster to help expedite the cleanup effort.

The executive order signed Tuesday by Schwarzenegger tasked Fish and Game and its Office of Spill Response with determining "the geographic area impacted by the oil spill that poses a potential risk to human health that may come from the human consumption of marine life as a result of the oil spill."

Major fisheries impacted by the closure include the Dungeness crab season, which opened for sport take on Nov. 3.

The commercial central California Dungeness crab fishery is scheduled to open commercially Nov. 15.

Some other fisheries in the affected waters include:

Commercial fish: California halibut, herring, bay shrimp, white croaker, groundfish (except cabezon and greenling), surfperch, Pacific sardines and northern anchovy.

Sport fish: California halibut, surfperch, striped bass, sturgeon, leopard shark, sanddabs, other flatfish (starry flounder, sand sole), monkeyface prickleback, anchovies, jacksmelt and topsmelt, white croaker, rock crab, ghost shrimp, abalone, mussels and clams.