A4 THE ASTORIAN • SATuRdAy, SEpTEmbER 21, 2019 OPINION editor@dailyastorian.com KARI BORGEN publisher DERRICK DePLEDGE Editor Founded in 1873 JEREMY FELDMAN Circulation manager JOHN D. BRUIJN production manager CARL EARL Systems manager OUR VIEW Threatened clam season calls for smart responses O ur coast’s many fanati- cal razor clam diggers feel whipsawed between news that local sands swarm with deli- cious bivalves but that a new blob of warm seawater might produce a toxic bloom and make these clams inedible. At this point, such worries are pre- mature. The most recent monitoring found no upsurge in concentrations of the type of diatom that sometimes produces toxin. Even those who wouldn’t be caught dead splashing in the surf in rubber boots plunging shovels and clam guns into the dimpled sands have to care about this issue. Rec- reational clamming pumps millions into the coastal economy during fall, winter and early spring months when businesses desperately need the cash infusion. Clams also form a key part of our ecological food web, sustain- ing Dungeness crab and other valu- able species. Clam seasons have been rocked by the emergence of domoic acid. Produced by marine microorganisms that sometimes generate the toxin when exposed to warmer water, domoic acid can cause illnesses and death in mammals and birds, while apparently doing no harm to the clams that ingest it in the process of filter feeding. There was an especially bad local domoic outbreak in 2015, toward the end of the previous development of a blob of warm seawater that started in late 2013. The 2014-15 season was ended slightly early because of domoic concentrations in clams, and aftereffects lingered through the first half of the 2015-16 season. After the toxin cleared from clams, Washington state agencies packed as much harvest as they could into the remainder of that season. A similar strategy jammed as many digging days as possible into the 2016-17 season despite the lon- gest domoic-related closure since 2002. The toxin also impacted com- mercial crabbing off and on in these years. The 2017-18 and 2018-19 seasons didn’t include domoic outbreaks, but the previous enormous clam popula- tion had dissipated — possibly hav- ing died of old age. While many tiny clams were found during the summer 2018 population study, there were Luke Whittaker/Chinook Observer Mark Cady counted his limit of razor clams last year. He and other digging enthusiasts may have many more opportunities this year, with a 5.2 million clam harvest quota. few sizable adults, and only four dig- ging days were permitted last season. Now, a harvest quota of 5.2 mil- lion — the most in modern history — has been announced for 2019-20. And almost simultaneously, there’s news a big patch of warm seawater has formed offshore — the “Return of the Blob” that Washington State Climatologist Nick Bond predicted three years ago at a Long Beach sci- ence conference. Local people have known for several weeks that nearby waters were becoming unusually warm, based on the kinds of marine life being observed and caught by fishermen. the seasonal storms that have already been arriving. • Connections between warm ocean water and the on-switch for domoic production still are poorly understood. So we may luck out altogether — or we might get clob- bered sooner rather than later. • State and federal agencies have for years set the “action threshold” for domoic acid at 20 parts per mil- lion in clams, but it’s entirely possi- ble this may be lowered. There is a suspicion among scientists that long- term exposure to even lower toxin levels can result in harm. • These huge pools of unusually WITHOUT SMART THINKING, THE WARMING OCEAN THREATENS NOT ONLY SHELLFISH, buT AN ECONOmy ANd LIFESTyLE buILT AROuNd THEm. Clam fans anticipate feeling like Charlie Brown does when Lucy snatches away the football just as he’s about to kick it. Several points to bear in mind: • When the previous blob formed offshore in the fall of 2013, it took a couple of years before domoic acid began to be generated and reached hazardous levels in clams. So we could be OK for the whole 2019-20 season. In addition, this year’s blob is shallow and could be dissipated by warm seawater are popping up here and there around the world. In the South Atlantic off Uruguay, a blob similar to ours has decimated the surf clam industry. This may be a sign of things to come as tempera- tures rise. • Effective monitoring of actual ocean conditions before toxins enter the near-shore food web is vital. In addition, the states must strive for more timely information about clam conditions, and more closely tai- lor digging times and places to take advantage of clean clams. A new testing system under development promises to deliver toxin results within an hour of sampling, in con- trast to as much as a couple of days now. • During previous domoic out- breaks, digging would have been more-often permissible if authori- ties had been willing to open miles- long segments of beach where domoic levels were low. State agen- cies believe this would be difficult to manage, as personnel could have a difficult time regulating digging in closed areas when some people walk to the beach through the dunes and wouldn’t see closure signs. These potential issues seem relatively easy to address. • With an historically large harvest quota subject to potential spoilage if there is a toxin surge, the Washing- ton Department of Fish and Wild- life’s decision to begin the local sea- son early is very welcome. The agency should maximize harvest opportunities throughout the coming fall and winter. Ultimately, it may perhaps be pos- sible to bioengineer the offending algae so it does not produce domoic acid, or to develop other novel solu- tions to the problem. Without smart thinking, the warming ocean threatens not only shellfish, but an economy and life- style built around them. GUEST COLUMNS Death penalty bill a betrayal I n June, the Oregon Legislature passed death penalty statute. Senate Bill 1013 that narrowed the defi- To force victims to relive tragedies and nition of aggravated murder and drasti- come away with even less justice for their cally reduced the number of murderers in this loved one that they reasonably believed state who are eligible for the death penalty. already was done is a fate I would not wish While reasonable minds can differ on the upon anyone. question of capital punishment, we should all Regardless of where you stand on the agree that our laws need to be clearly written death penalty, we all want certainty when it and not cause harm to victims of crime. comes to some of our most important laws. Even though the proponents of the bill I feel betrayed as a voter because I voted for made assurances that it would not be retroac- the death penalty back in the 1970s and again tive, some now admit they always intended in the 1980s and 1990s as a majority of Ore- gonians have done. for the new law to be retroactive. A judge in Washington County Due to the end run by the Legisla- ture and the refusal by the governor ruled in August that the new law is to call a special session, I feel cheated retroactive and applies to a pend- ing 1998 case where the defendant out of my vote. You may, too, regard- less of your personal views on the was convicted of aggravated murder, death penalty. received the death penalty and subse- quently was granted post-conviction The fix is fairly easy. The cost to RON relief. Martin Allen Johnson was con- the state wouldn’t be nearly as much victed of raping and killing a 15-year- BROWN as the cost to all of the crime victims’ old Tigard girl and dumping her body families who will potentially be rev- ictimized by the callous way in which off the Astoria Bridge. The Oregon Department of Justice said our death penalty was gutted and made retro- active, apparently by design. last month that they would not appeal the There’s still a few days left and maybe judge’s ruling. Now Gov. Kate Brown refuses to call a Gov. Brown and the Legislature can still fix special session to fix the defective death pen- this mess. Please sound off about this unfair alty bill even though the bill doesn’t take situation. Without a fix, justice will be denied effect until Sept. 29. to many victims in our state. Our local leg- islators should be congratulated for voting The poor victim’s family, thinking that the case was finished and the defendant was on “no” on this bill. death row, now has to face the prospect of This type of end run of democracy should a new trial. The trial court has already ruled not be tolerated. that the defendant can’t receive the death Ron brown is the Clatsop County district attorney. penalty because the facts don’t fit the new Mitchell recall will backfire I n the past year, I’ve become a vocal again in Salem. We can all agree on that. I opponent of House Bill 2020, the cap- believe the best time to hold Rep. Mitchell and-trade program. As the president of accountable is Election Day in November the United Steelworkers Local 1097 at the 2020. When she stands for reelection, we Georgia-Pacific Wauna Mill in Westport, will have the opportunity to support a local it’s my responsibility to protect the jobs of candidate of any party to run against her who’s less partisan, opposes radical policies my fellow workers at our energy-efficient like cap and trade, and stands for the hard- plant. working people of the North Coast instead I’ve shared my opposition to cap and of Portland. trade with our state Rep. Tiffiny Mitch- ell, who rejected our arguments and voted With a recall, we can be handed another against our district and other hardworking puppet of Portland who may actually con- vince people here that he or she deserves people in the state. a chance to serve in Salem. Some- I applaud #TimberUnity for their times it’s better to do nothing at all fast organizing effort and stepping than something that will backfire. into the arena when they did. With- out their efforts, the coalition could A successful recall is almost not have killed the bill. guaranteed to produce a newly-ap- pointed state representative who will Unfortunately, I believe the same stand with the Portland politicians as as others that the recall effort against BILL Rep. Mitchell ultimately did by not Mitchell can backfire for the peo- KERR ple of the North Coast. It may seem representing us — the community odd for a guy like me to oppose she swore to serve. We need more the recall of a legislator who has people like state Sen. Betsy John- son, who rejects radical Portland politics shown little interest in protecting our fami- ly-wage jobs in Clatsop County and across and stands bravely for our community. the North Coast. As always, the devil is in For me, it’s a simple choice. We either let the party and elected politicians pick our the details. next state representative, or wait until Rep. If we recall Rep. Mitchell, the Demo- cratic Party gets to recommend their best Mitchell stands for reelection. I believe the choices to our county commissioners, who people of the North Coast need to be the would pick her replacement. Ultimately the ones to choose who represents our commu- nity. That’s why I’m not signing the recall results will be just another cap-and-trade petition. supporter without a voting record and in bill Kerr is president of the united Steel- slightly less radical packaging. Same song, workers Local 1097, which represents work- different person. Rep. Mitchell doesn’t deserve to serve ers at the Georgia-Pacific Wauna Mill.