To: John Doe, President, Crabworkers Union (CWU) Local 123
From: Michael Wright, Policy Analyst, CWU Local 123
Subject: Information for New Rule on Domoic Acid
Mr. Doe, this memorandum is regarding a proposed rule found in the September 2017 Oregon State Bulletin that directly impacts the Dungeness Crab industry on the Oregon coast. This rule is being proposed from the Oregon Department of Agriculture falls under ORS 561.190, 561.280, 561.605-630, 616.215, 616.220, 616.225, 616.235, 616.305. This rule describes the process to monitor the levels of domoic acid in the Dungeness Crab and lays out recommended harvesting restrictions. Due to the potential negative impact on the crab industry in the state of Oregon it is vital you be made aware of this proposed rule.
Specifically, this rule can allow the Department of Agriculture to adopt certain measures through temporary rule and make recommendations to the Oregon Department of Fish and Wildlife. Domoic acid is a naturally occurring toxin with potentially significant health implications if ingested. As you are aware domoic acid has impacted the past two fishing seasons and now has led to the creation of this new rule. Under this rule monitoring for domoic acid will be conducted during pre-season and in-season and the results would be utilized to determine if restrictions are necessary to reduce the impact of infected crabs on the public.
If implemented, this rule sets forth a process that has the potential of severely limiting and even cancelling an entire crab fishing season. Also, this rule can institute harvesting restrictions above and beyond those already in existence. These measures can increase the overall cost of crab fishing in Oregon and cause grave impact to the livelihood of all crab fishers. This can also have a compounding impact on the economy of the towns all along the coast, such as Newport. If these rules are implemented this could also impact membership numbers of the union as some individuals may seek employment in other industries due to uncertainty of crab fishing in Oregon.
Based on the rule and the resulting implications, it is my advice that the CWU take several immediate actions. First, the CWU needs to contact members, boat owners, crab fishing companies, and fisheries to inform all relevant parties to become engaged in the rulemaking process. Secondly, we should reach out to other crab fishing organizations in coastal states to determine if they have had acid issues and any pertinent information on state rules they feel would be useful to our organization. Third, the CWU needs to contact all members to compile their comments on this rule, how this will negatively impact their life, and what solutions they would propose to handle the domoic acid issue. Once the member comments have been received the most impactful statements need to be selected to introduce during the hearings on this rule. Fourth, we need to reach out to all elected representatives who serve on the Senate Environment and Natural Resources and the House Agriculture and Natural Resources committees to address our concerns with those members. Finally, we need to clear the calendar to attend any hearings or other related meetings. It may also be beneficial to reach out to marine biologists to seek out additional information on domoic acid, how it develops, how to reduce or eliminate it, and how it can impact the health of the public. If these steps are taken with care, concern, and focus, the rule may not be implemented as stated, but if we do not take this rule seriously this could result in negative consequences for everyone, executive staff included.
There are two key dates that are important to addressing this rule, the hearing date and the last date for comments. First, the public hearing on this rule will be held on September 26, 2017 at the following location:
Hatfield Marine Science Center
Oregon Department of Fish and Wildlife Conference Room
2040 SE Marine Science Dr.
Newport, OR 97365
Second, the current last date for to submit public comments is on October 16, 2017 by 5p.m. If you, or others, have any questions or concerns, please address them with Sue Gooch in the Department of Agriculture either by phone or mail.
Address: Department of Agriculture
C/O Sue Gooch
635 Capitol St NE
Salem, OR 97301
Phone: (501) 986-4583
Mr. Doe, this is a matter of utter importance to our union, members, and numerous communities and requires our complete attention. We also need to be mindful how we should publicly respond to this rule due to the potential public health issue related to domoic acid. If we take too strong of an approach this could give the appearance that we do not value the health of consumers. If you have any questions, concerns, or require me to complete any additional tasks, please let me know as soon as possible. Time is of the essence and we must not allow the Department of Agriculture to take an overly heavy-handed approach that could be detrimental to the crab fishing industry.
Respectfully,
Michael Wright
Policy Analyst
Crabworkers Union Local 123