(a) (1) The director, after a notification of a spill or discharge, as those terms are defined in Section 8670.3 of the Government Code, where any fishing, including all commercial, recreational, and nonlicensed subsistence fishing, may take place, or where aquaculture operations are taking place, may close all waters in the vicinity of the spill or discharge or where the spilled or discharged material has spread, or is likely to spread, to the take of all fish or shellfish, or may restrict the take or possession of all fish or shellfish, in those waters. In determining where a spill or discharge is likely to spread, the director shall consult with the Administrator of the Office of Spill Prevention and Response. At the time of closure, the department shall make all reasonable efforts to notify the public of the closure, including notification to commercial and recreational fishing organizations, and posting of warnings on public piers and other locations where subsistence fishing is known to occur. The department shall coordinate, when possible, with local and regional agencies and organizations to expedite public notification. (2) Closure pursuant to paragraph (1) shall be required if the Office of Environmental Health Hazard Assessment finds that a public health threat exists or is likely to exist. In determining the need for a closure, the director shall initiate consultation with the Office of Environmental Health Hazard Assessment no later than 24 hours after a notification of a spill or discharge regarding the likelihood of a public health threat, if any of the following conditions are met: (A) There is a reported volume of one or more barrels of oil spilled or discharged in inland or estuarine waters or enclosed bays. (B) There is a reported volume of one or more barrels of oil spilled or discharged and the oil is impacting coastal shorelines. (C) There is a reported volume of five or more barrels of oil spilled or discharged in open ocean waters. (3) If none of the conditions in paragraph (2) are met, the director may consult with the Office of Environmental Health Hazard Assessment regarding the likelihood of a public health threat. (b) Within 48 hours after a closure pursuant to subdivision (a), both of the following shall occur: (1) The Office of Environmental Health Hazard Assessment shall assess the danger posed to the public from fishing in the area where the spill or discharge occurred or spread, and the danger of consuming fish or shellfish taken in the area where the spill or discharge occurred or spread. (2) The director shall, in consultation with the Office of Environmental Health Hazard Assessment, determine whether the areas closed to the take of fish or shellfish should be revised to prevent any potential take or consumption of any fish or shellfish that may have been contaminated by the spill or discharge, as determined pursuant to paragraph (1). (c) Within 48 hours after a closure pursuant to subdivision (a), or as soon as is feasible, the director, in consultation with the Office of Environmental Health Hazard Assessment, shall assess and determine the potential danger from consuming fish or shellfish that have been contained in a recirculating seawater tank onboard a vessel that may become contaminated by the vesselâs movement through an area where the spill or discharge occurred or spread. (d) If the Office of Environmental Health Hazard Assessment finds in the assessment pursuant to subdivision (b) that there is no significant risk to the public or to the fisheries, the director may immediately reopen a closed area and waive the testing requirements of subdivision (e). (e) Except under the conditions specified in subdivision (d), after complying with subdivisions (a) and (b), the director, in consultation with the Office of Environmental Health Hazard Assessment, within seven days after a closure, shall order expedited tests of fish or shellfish that would have been open for take for commercial,
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