63.
1
With the onset of upwelling came a deluge of nutrients that caused Pseudo-
2
nitzschia seed populations to explode in abundance, resulting in a harmful algal bloom
3
unprecedented in its extent and persistence.35 The sheer biomass and extent of Pseudo-nitzschia
4
produced similarly unprecedented concentrations of domoic acid. 36 The toxin entered the marine
5
trophic chain, where it accumulated in crabs feeding on other contaminated organisms. Domoic
6
acid contamination persists in ocean sediments and therefore continues to impact organisms living
7
and feeding on the bottom of the ocean floor (“benthic organisms”) long after the toxin-producing
8
algal species have dissipated.37
64.
9
In response to testing showing that crabs off the west coast contained domoic acid
10
concentrations greater than FDA’s 30-ppm action level, CDFW and ODFW have closed large
11
swaths of those states’ coasts to commercial crabbing. ODFW also has imposed additional
12
precautionary measures, such as requiring crabs harvested from areas that had been under a domoic
13
acid-induced closure to be eviscerated (thereby removing the viscera, or guts, which typically
14
contain the highest concentration of domoic acid) before proceeding to the retail market.
65.
15
As the sea surface temperature warming trend continues, domoic acid outbreaks
16
will become a recurring facet of the California Current ecosystem, 38 and will continue to impact
17
commercial fisheries. Indeed, testing in California and Oregon ahead of the 2018–19 commercial
18
Dungeness crab season has shown crabs that exceed the 30-ppm action level. In response, CDFW
19
has already announced the closure of a large section of the California coast from Bodega Head to
20
the Sonoma/Mendocino County line to commercial crabbing at the outset of the 2018–19 season.
21
Continued ocean warming through the 21st century will promote the intensification and
22
23
24
35
25
26
27
28
SHER
EDLING LLP
Ryan M. McCabe et al., The unprecedented coastwide toxic algal bloom linked to anomalous ocean conditions,
GEOPHYSICAL RESEARCH LETTERS 43, 10,369 (2016); see also S. Morgaine McKibben, Climatic regulation of the
neurotoxin domoic acid, PROCEEDINGS OF THE NATIONAL ACADEMY OF SCIENCES 114, 240 (Jan. 10, 2017).
36
McCabe et al., supra note 35, at 10,372.
37
Id. at 10,371 (citing R.A. Horner et al., Retention of domoic acid by Pacific Razor Clams, Siliqua patula, Preliminary
Study, 12 JOURNAL OF SHELLFISH RESEARCH 451, 451–56 (1993)).
38
Id. at 10,373; Zhu, supra note 27, at 40 (noting that anticipated summertime sea surface temperature increases will
correspond with the temperatures observed in the Blob).
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