Counterpunch

Franklin County, epicenter of Florida’s oyster industry, began mapping a multi-pronged strategy Tuesday morning to address the aftershocks of a sudden announcement by the federal government last week of a policy change that could threaten its survival.

At a special two-hour emergency meeting, county commissioners listened to reports from local oyster dealers and seafood workers alike on last week’s Interstate Shellfish Sanitation Conference (ISSC) in Manchester, New Hampshire.

At the opening of the ISSC, the Food and Dug Administration (FDA) shared details of its plan to ban the commercial harvest and sale of raw oysters during summer months, at least five months of the year and possibly more, in an effort to reduce illness.

“This one issue dominated the conference,” said Chairman Smokey Parrish.

“It was a total shock to us. We knew nothing until two days prior to the conference. We had no time to prepare for it,” said Grady Leavins, an Apalachicola seafood dealer long active in the ISSC.

FDA representatives told the ISSC that because of an inability of the industry to reduce deaths from Vibrio vulnificus, the government planned to require post-harvest processing for all oysters from the Gulf states beginning in 2011.

“The time has come for a new approach,” said Michael R. Taylor, senior advisor to FDA Commissioner Peggy Hamburg, in remarks delivered Oct. 17.

A naturally occurring bacteria, Vibrio vulnificus is more prevalent during the summer in the warm Gulf of Mexico waters. Vibrio can cause disease and even death in people with weakened immune systems or otherwise impaired health, including those with chronic diseases such as AIDS, cancer, kidney disease, diabetes, and alcohol abuse.

The FDA said that in general, 15 deaths per year nationwide are due to ingesting raw oysters.

The vibrio can be completely eliminated in the cooking process, or by post-harvest processing methods that include individual quick freezing with frozen storage, high hydrostatic pressure, mild heat, and low dose gamma irradiation.

The FDA plans to use changes to Hazard Analysis and Critical Control Point (HACCP) guidelines to enforce the ban, which would require all oysters sold between May and October undergo post-harvest processing.

“They’re coming in the backdoor trying to implement this,” said Parrish.

Leavins said the FDA had hoped to pit the East and West Coast oyster industries against the Gulf Coast industry by easing off plans to curtail raw oyster harvest in these two other major harvesting regions of the country.

“In my opinion what they did was set out to divide and conquer. They also had thrown vibrio parahaemolyticus in the mix, Vibrio parahaemolyticus does not have substantial impact on the Gulf States, it has a greater impact on the East Coast and West Coast,” said Leavins. “FDA withdrew this from the mix so they could get the East and West coasts’ support. It didn’t work. It isn’t going to work politically. We're standing together for whatever it’s worth.”

Apalachicola seafood dealer Tommy Ward, who sits on the ISSC’s executive board, said the ISSC stood firm in rejecting the FDA’s proposal, particularly after the sudden announcement “extremely infuriated the regulatory agencies from around the country.”

Kevin Begos, who heads up the county’s oyster and seafood task force, said it is not entirely clear what steps the FDA could take regarding interstate shipment of raw oysters.

“Technically, HACCP guidelines are not rules but the FDA has so much power they tend to scare industries into compliance,” he said. “The FDA could seize tractor tractors that cross state lines.”

Leavins said there were doubts as to whether FDA could enact the ban without going through a lengthy rulemaking process.

            “Where will FDA stand after everyone reshuffles the paperwork in their briefcase and goes home? Can FDA do it without going through rulemaking?” he said. “I think that’s questionable.”

Greater oyster industry compliance urged

            Bolstered by a unified letter of support sent this week by Congressman Allen Boyd and Senator Bill Nelson to the FDA commissioner, county commissioners took steps Tuesday to map out a comprehensive strategy to fight the proposed ban, which would likely put thousands of Gulf Coast fishermen and shuckers out of work.

            “This could be the end of our way of life,” said Ward.

            Leavins said David Heil, who directs the state’s aquaculture regulatory program, has begun scheduling workshops in the county between now and the end of the year, to better educate oystermen on the importance of adhering strictly to existing Florida Department of Agriculture and Consumer Services’ regulations while working on the bay.

            These rules call for oystermen to be out on the water during the summer no later than 11 a.m., and to ensure oysters can be brought down in temperature to 55 degrees within an eight-hour period.

            “I am an oysterman and we do do things wrong. I don’t want anybody to die,” said Sandra Powell, who accompanied her daughter, Franklin County Seafood Workers Treasurer Taunya James, to the ISSC.

            Powell said the ISSC provided valuable information on how to handle oysters in the safest possible way. “I see how easy it would be to fix,” she said.

            James’ husband, Joseph, said the recent conference showed him how fishermen in the Northeast are using transponders on their boats that keep their presence continuously monitored. He said such items could ensure oystermen adhere to time and geography constraints when they go out harvesting.

            “The FDA seemed awful powerful to use,” he said. “They are really serious about what they want to do. They’re not going to give us a second chance.”

            Parrish stressed that local oystermen need to be vigilant in following the existing rules if there is any hope of defeating the proposed ban. “If we don’t do our part, it gives them more credibility in going forward with their plan,” he said.

            Apalachicola oyster dealer Steve Nash urged the commissioners to act swiftly, or “these two towns are going to be ghost towns.”

Commissioners promise to fight to keep jobs

            The commission also heard a show of support from the Tourist Development Council, whose chairman said the opportunity to enjoy raw oysters is a major reason some tourists frequent Franklin County.

            “We support you in trying to get rid of this ban 100 percent,” said Helen Spohrer. “We have the means of getting the message out, of reaching people around the country who come here.

            “The economic impact of this is huge,” she said. “It goes way beyond the oyster industry.”

            Spohrer met Monday with Begos, who already has been asked to head a committee of the Gulf Oyster Industry Council to respond to the proposed raw oyster ban.

            All those who attended the ISSC said Begos, who wrote and disseminated a lengthy press release within days of the FDA announcement, was instrumental in articulating the local industry’s views.

            “We need to turn Begos loose and start attacking,” said Nash. “He’s like a bulldog.”

            While funded in the past, the seafood and oyster task force remains a voluntary collection of representatives of all aspects of the local industry, and Begos is unpaid.

            Parrish asked Apalachicola seafood dealer Ottice Amison, who chairs the task force, to prepare a funding request by the Nov. 3 county commission meeting. An emergency meeting of the task force’s voting members was planned for Wednesday.

            By unanimous consent the board approved a motion made by Commissioner Pinki Jackel to join the Gulf Oyster Industry Council, and to rally support for opposing the ban.

            “It would be pretty stupid to sit here and twiddle our thumbs after we have fought so hard to keep our oyster bars alive,” said Commissioner Cheryl Sanders.

            Commissioner Noah Lockley pushed hard for their county to sue the FDA over the proposed action.

            “I don’t want people to die, I’m not with that, but I’m not with FDA shoving it down our throats,” he said. “If you’re sick and you eat the wrong thing, you die. That’s part of our life.”

            Parrish urged the commission to look into partnering with other Gulf Coast states before embarking on what could be a long and costly lawsuit. “You need to have staying power,” he said. “If we’re going to enter into litigation, we need to do it as a five-state organization.”

            By unanimous consent, the commission passed a motion to have County Attorney Michael Shuler look into the possibility of a suit, and particularly whether an injunction that would thwart implementation of the FDA’s plans was a possibility.

            The commissioner also unanimously passed a motion made by Lockley to write letters to Florida’s senators and Boyd against the proposed ban. In addition, Lockley stressed that a letter be provided to these officials that they could hand deliver to President Obama.

            “I want to invite him down here, to see the impact of this,” said Lockley.

            Jackel mentioned that Boyd had been pictured with Speaker of the House Nancy Pelosi, and other leading Democrats, in recent weeks, and said he could use his influence to undo this ban.

            “It’s beyond the state of Florida,” said Leavins. “It’s going to take senators and congressmen to stop this,.”

            Commissioner Bevin Putnal urged the oyster and seafood task force to begin compiling data, facts and figures on the economic impact of this ban, that can be used to bolster the industry’s case.

            He said this recent move is one more move along a pattern of actions, beginning with the net ban, to put the commercial fishing industry out of business.

            “Now the only thing left is the poor oystermen, and (they’re thinking) we’re going to get them out of the way,” Putnal said. “They’re going to find a reason.”

            But Leavins, a member of the Gulf Oyster Industry Council’s board, said there was reason for hope. “If we go down, we’ll go down fighting,” he said. “Very, very hard.”