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Schwarzenegger Issues Executive Order to Close Fishing in Oil Spill Area
Here is yesterday's executive order from Governor Schwarzenegger closing commercial and recreational 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."
Every aspect of the federal and state government's response to the oil spill has been absymal. The lack of organization, coordination and advance planning for such an emergency is absolutely appalling. I quote Assemblywoman Loni Hancock: "For a spill of relatively small size, it has quickly spread out of control, impacting not only the waters and wildlife of the Bay, but also the Pacific Ocean and our coastal beaches."
The DFG still hasn't issued any press release about the exact areas to be closed to fishing. The DFG public information officers were hoping to get a press release out yesterday, but I still haven't seen any information clarifying the Governor's order.
You can bet there will a bunch of lawsuits filed against the Cosco Busan's owners and operators, the Coast Guard and other federal and state agencies over the bunker fuel spill.
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."
Every aspect of the federal and state government's response to the oil spill has been absymal. The lack of organization, coordination and advance planning for such an emergency is absolutely appalling. I quote Assemblywoman Loni Hancock: "For a spill of relatively small size, it has quickly spread out of control, impacting not only the waters and wildlife of the Bay, but also the Pacific Ocean and our coastal beaches."
The DFG still hasn't issued any press release about the exact areas to be closed to fishing. The DFG public information officers were hoping to get a press release out yesterday, but I still haven't seen any information clarifying the Governor's order.
You can bet there will a bunch of lawsuits filed against the Cosco Busan's owners and operators, the Coast Guard and other federal and state agencies over the bunker fuel spill.
11/13/2007
EXECUTIVE ORDER S-14-07 by 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
EXECUTIVE ORDER S-14-07 by 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
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