EXECUTIVE ORDER S-14-07


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.