1 crabbing opportunities in the 2018–19 crab season and future seasons. Fishermen and fishery- 2 dependent businesses, including Plaintiff, were therefore deprived of a substantial portion of their 3 annual revenue from the Dungeness crab fishery for those seasons, and many suffered additional 4 financial injuries by incurring debt to pay for operating and living expenses during the closures. 5 Fishermen and fishery-dependent businesses, including Plaintiff, will continue to suffer such 6 injuries during future domoic acid-induced fishery closures. 7 173. Because fisheries are seasonal, fishermen often pursue multiple different fisheries 8 throughout the year. The delayed opening of the crab fishery in 2015–16, 2016–17, and 2017–18, 9 caused many fishermen, including Plaintiff, to delay their entry into other fisheries they would 10 normally have pursued earlier, including salmon, coonstripe shrimp, albacore, and others. Because 11 those other fisheries are open only for limited portions of the calendar year, those fishermen were 12 deprived of valuable fishing opportunities, thereby diminishing their earnings in those fisheries. 13 Fishermen and fishery-dependent businesses, including Plaintiff, were therefore deprived of a 14 substantial portion of their annual revenue from those other fisheries during years impacted by 15 domoic acid-induced crab fishery closures, and will continue to suffer such injuries during future 16 domoic acid-induced fishery closures. 17 174. Onshore crab wholesalers and processors, including Plaintiff, were deprived of a 18 substantial portion of their annual revenue during the 2015–16, 2016–17, and 2017–18 crab 19 seasons, and will continue to suffer such injuries during future domoic acid-induced fishery 20 closures. That revenue substantially depends on the supply of Dungeness crab and other species 21 harvested by commercial fishermen, which were not available due to the crab fishery delays that 22 curtailed and will continue to curtail fishing opportunity. 23 175. The market for crab products, including Plaintiff’s, was and during future crab 24 seasons will be artificially depressed because of the stigma that Plaintiff’s crab products were and 25 are unsafe for human consumption, which adversely affects Plaintiff and its members. That 26 depressed market has caused Plaintiff and its members a substantial loss of income, and will 27 continue to do so as long as domoic acid outbreaks threaten the crab fishery. 28 SHER EDLING LLP COMPLAINT 75