New rules, more worries

No sooner have federal regulators backed off a plan to ban raw oyster sales during summer months that Gulf of Mexico oyster harvesters and processors now face a series of new rules that will impact their livelihoods during those same summer months.

Speaking before an unhappy, but polite, oyster industry audience Dec. 2 in the courthouse annex, David Heil, the state’s chief aquaculture regulator of the oyster industry, outlined a series of rule changes now on the table.

If enacted into law next year prior to the May 1 start summer of the summer season, the new rules will mean harvesters who do not have on-board cooling systems can work on the bay only between sunrise and 10:45 a.m. between May and October.

In addition, processors will be required to drive down the internal temperature of shellstock oyster to 55 degrees Fahrenheit within eight hours of the moment the harvester removes his first oyster from the water and starts a new bag.

Heil stressed the new rules are a work in progress, still subject to final approval by state officials, and have nothing to do with the recent Food and Drug Administration actions to mandate, and then postpone, post-harvest processing of raw half-shell oysters from May to October.

Instead, the rules are prompted by conditions of the National Shellfish Sanitation Program, which had mandated five goals to be met by this year. One of the goals, that the rate of Vibrio vulnificus illnesses be reduced by 60 percent, was not met, with the four reporting states, Florida, Texas, Louisiana and Alabama, instead achieving a 35.2 percent illness reduction rate.

As a result, said Heil, Gulf states have agreed to put into place additional regulatory controls by May 2010, based on a time temperature modeling tool developed by the FDA. The modeling tool gives states leeway in devising plans, which may include anything from shutting down the entire bay for several weeks, to cutting back hours, to mandating on-board cooling systems.

“If we don’t meet it (the illness reduction rate), we’re going to come back and tighten the regulations,” he said.

“The biggest irritation I’ve ever brought”

Whatever Florida eventually decides upon, the local industry voiced their widespread displeasure with the proposal.

“This is a disaster,” said one man, echoing the sentiments of the audience. “This is going to destroy Franklin County, it’s going to destroy a lot of places.”

Heil was questioned on several details of the plan, with the veteran regulator patiently outlining possibilities for partial or complete on-board cooling systems that could extend harvesting hours, stricter labeling requirements and plant operation rules.

“It breaks my heart to do my job,” he said. “I’m trying to be the least irritation to you. This is probably the biggest irritation I’ve ever brought to you.”

Johnny Maxwell said reduction in harvesting hours will cut significantly into the money to be made in summer months, particularly since many oystermen prefer to work in the afternoons, or can’t be out on the water at the crack of dawn due to family commitments.

“Right now, you can’t hardly find a job even if you wanted to,” said one man. “People are going to lose everything they own. At some point we can’t take it any more.”

Lt. Charlie Wood, of the Florida Fish and Wildlife Conservation Commission, which enforces oyster regulations on state waters, said current law does not allow harvesters to be out, with tongs on their boat, before dawn, as some have sought. He said that law might be changed through the normal rulemaking process.

“If something changes with that law, then we’ll change,” he said.

Audience reaction to the proposed rule changes featured a widespread complaint that while reducing illness was a worthwhile goal, this sort of industry restriction ran contrary to Americans’ notion of freedom and individual responsibility.

“Isn’t that what this whole country is based on? Didn’t we fight for our freedom and our right to be fishermen?” asked one man.

“At some point, we going to have to take up arms against the federal government, in some fashion,” said Bobby Miller.

After hearing the minute details of the rule changes, shown overhead in a Power Point presentation, several in the audience suggested it might be wiser and less costly to just shut down the entire bay for several weeks in the summer.

“It’s going to be more than one month, but it may not be two,” said Heil, mentioning August and September as the likely target for possible closure.

“That would be better than this,” said seafood processor David Barber.

Another idea, voiced by seafood processor Steve Rash, was to restrict the sale of oysters during those summer months to within Florida only, since the FDA lacks power over intrastate shipment and sale of oysters, just those that cross state lines. But Heil cautioned that the FDA had long arms, and could affect different aspects of the year-long sale of oysters.

He said in the event the industry prefers complete closures during some summer periods, the state would not be willing to modify areas in which it allows harvesting. “It would be difficult for us to allow you to harvest summer areas in winter months,” he said.

A cooling barge?

Another idea, voiced by County Commissioner Bevin Putnal, was to consider a “cooling barge,” centrally located on the bay during summer months, in which harvesters could drop off their oysters so as to be able to work longer on the water.

“We’re just trying to figure out a way to make a living,” he said.

Heil said his office would consider any and all suggestions for further tailoring the proposal, but cautioned against any attempt to leave rules vague or open-ended. “We can always propose,” he said. “But if it (the rule) is not crystal clear, you’re not telling the regulated industry what they have to do.”

University of Florida food science professor Steve Otwell urged the local industry to work together in the weeks and months ahead in shaping the state policy. “This is the time to put your differences aside and all pull together,” he said. “If they can divide and conquer, they will.”

Heil, assistant director of aquaculture for the Florida Department of Agriculture and Consumer Services, said his office welcomes written input on the proposed rule changes. The office is located at 1203 Governors Square Boulevard, Fifth Floor, Tallahassee, FL 32301, and can be reached by calling (850) 488-5471 or by fax at (850) 410-0893.

After Heil’s department finishes this week the last in a series of workshops around the state, it will compile input from the seafood community into a report. Once the proposed rule is in its final draft form, a hearing will be held early next year in which citizens will be able to voice their views.

He urged those who want to comment to do so in the next two weeks, so regulators will have a chance to consider their suggestions.

State representative Leon Bembry (D-Greenville) was also in attendance, and he urged constituents to share their views with his office so he can advocate for them.

“Get as involved as you can<’ he said. “I can’t be a good representative unless I hear from you.”