Following the 2007 M/V Cosco Busan oil spill in San Francisco Bay, California, legislation was enacted to provide for the closure of fisheries by the California Department of Fish and Game (DFG) after oil spills in marine waters. This legislation (DFG Code Section 5654) facilitated a partnership between the state's primary oil spill responder, the Department of Fish and Game, Office of Spill Prevention and Response (DFG/OSPR), and the state's Office of Environmental Health Hazard Assessment (OEHHA), the agency responsible for determining whether fish caught in California waters can be safely consumed. A fisheries closure protocol established as a result of the statute stipulates the role of staff at both agencies, from the initial spill responders to data evaluation and reopening of a closed fishery. OEHHA staff is required to assess the need for fisheries closure following a spill event. When a fisheries closure is deemed necessary for more than 48 hours, OEHHA will select species and chemicals for analysis, determine sampling strategies, conduct a risk assessment on the safety of fish and shellfish consumption, and work with DFG/OSPR to modify closure boundaries, if indicated. Relevant case study information from California spills, including the T/V Dubai Star is shown.

No abstract

Determining whether to close a commercial, recreational, or subsistence fishery after an oil spill is a difficult emergency decision that must be made quickly by California state authorities. California state law now states that fisheries affected by a spill must be closed within 24 hours of a spill of one barrel (42 gallons) or more of oil, unless it can be determined that the actual risk is non-existent or has been mitigated. However, assessing the amount of oil truly spilled, the status of spilled oil containment versus spreading rate, and determining which fisheries are in the potential path of oil are all confounding factors. While the goal of the law is to protect people from consuming fish or shellfish that exceed established petroleum contaminant thresholds, caution is used to make sure fisheries are not closed unnecessarily. The California fishery closure protocol articulates the separate, specific, and coordinated roles and responsibilities of the Department of Fish and Game (DFG) and the Office of Environmental Health Hazard Assessment (OEHHA). These protocols are internal to the two involved California state agencies, and are separate from any fishery closure decisions that might be made by the National Marine Fisheries Service for spills in federal waters.