Foran 2013 - Decisional Inconsistencies

DECISIONAL INCONSISTENCIES IN THE
MANAGEMENT OF CONTAMINATED, SPORT

CAUGHT FISH
JEFFERY A. FORAN
CHUNRONG JIA
University of Memphis
ABSTRACT
Persistent toxic pollutants such as polychlorinated biphenyls an

mercury accumulate in tissues of fish that are caught and consumed by
sport anglers and their families. Unlike commercially-sold fish, the
U.S. Food and Drug Administration (FDA) does not regulate spor
caught fish that are contaminated with these and other pollutant
Instead, nearly every state in the U.S. develops and issues consumptio
advice for contaminated sport-caught fish. We examined fish
consumption advice issued by states that border and share waters of th
Mississippi River. Our examination identified numerous jurisdictional
inconsistencies that threaten the receptivity and credibility of
consumption advice and, more important, threaten the health o
individuals who consume contaminated sport-caught fish.
INTRODUCTION
Persistent toxic pollutants, such as dichloro

diphenyl-trichloroethane (DDT), polychlorinated biphenyl
(PCBs), dioxins, and mercury (Hg), when discharged t
surface waters, accumulate and remain in freshwater a
marine ecosystems (Boening, 2000; Oliveira et al., 2011
These substances accumulate in a variety of environment
compartments including sediments and aquatic bio
(Evans et al., 2005; van der Oost, Beyer, & Vermeulen
2003). Of particular concern are persistent toxic pollutant
that accumulate to high levels in tissues of fish that a
consumed by humans.
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JHHSA FALL 2013 209
The U.S. Food and Drug

charged, under the Federa
(FFDCA) of 1938, with r
commercially-sold food
develops tolerance and act
fish and can, although
particular species from
toxicant concentration exceeds a tolerance or action level.
The FDA has also issued consumption warnings for
contaminated fish sold commercially without removing a
species from commerce. For example, FDA, in conjunction
with the U.S. Environmental Protection Agency (EPA), has
issued advice for pregnant women, women of child bearing
age, and children to restrict consumption of shark,
swordfish, tile fish, mackerel, and some tuna contaminated
with methyl mercury (U.S. EPA, 2004).
Fish that are caught and consumed by sport anglers,
rather than being purchased from fish stores and markets,
are not regulated by the FDA; yet, they may contain
significant concentrations and a greater variety of
contaminants than commercially-sold fish (Harris & Jones,
2008). For example, fish caught by sport anglers from
inland lakes in the upper Midwest are so widely
contaminated with mercury that states in the region have
issued generic advice to reduce or eliminate consumption
without regard to species or the lakes and rivers from which
they are caught (Turyk et al., 2012).
Since the FDA, as an agency of the national
government, has chosen not to regulate contaminated sport
caught fish, the states have taken responsibility to develop
and issue consumption advice for these species.
Consumption advice for sport-caught fish was first issued
by Great Lakes states in the 1970s due to the accumulation
of contaminants, including PCBs, DDT, polybrominated
diphenyl ethers (PBDEs), dioxins, aldrin, dieldrin, and
methyl mercury (Hg), in tissues of Great Lakes salmon and
210 JHHSA FALL 2013
lake trout. Today, nearly

and issues consumption adv
species and 98% of all advis
mercury, PCBs, chlordan
2012a). Most consumptio
subsistence anglers about
and which fish to eat or avoid to minimize contaminant
exposure. Further, many advisories recognize and
emphasize the reproductive and developmental effects of
contaminants in fish and make specific consumption
frequency recommendations to women of child bearing
age, pregnant women, and children. Advisories also may
educate consumers about the health benefits of consuming
fish.
Although the FDA does not regulate contaminants
in sport-caught fish, states have developed their
consumption advisories by drawing on FDA tolerance or
action levels for individual contaminants; however, use of
action levels to develop sport fish consumption advisories
does not protect public health adequately (Foran, Cox, &
Croxton, 1989; Foran & Glenn, 1992). As a result, the EPA
issued guidance for the development of risk-based
consumption advice that can be used by any state. EPA and
FDA also issue fish consumption advice based on national
databases; however, national advisories based on averages
of contaminant concentrations in fish tissues often do not
serve local consumers who may harvest fish with
significantly greater concentrations than national averages
(Petre, Sackett, & Aday, 2012). Indeed, there is a wide
variety of approaches used by states in the U.S. to develop
fish consumption advisories, and this variety has led to
instances of inconsistency in consumption advice for
similarly contaminated fish species between and even
within a state sharing the same water body (Foran &
Vanderploeg, 1989).
JHHSA FALL 2013 211
While many uncertaint

development of fish co
identified, and in some
resolved (Kamrin & Fis
significant inconsistencies
including major river sy
jurisdiction. These incons
not been addressed. This
by states bordering the M
resource, to manage the
sport-caught fish from t
lack of use, of consumptio
the River to warn angle
hazards of consuming con
causes and implications o
among states that shar
Mississippi River resources
METHODS
The EPA (U.S. EPA, 2012a) has created a national

database of fish consumption advisories and fish tissue
monitoring data that are issued and collected by states. The
National Listing of Fish Advisories (NLFA) is available
online (U.S. EPA, 2012a), is searchable by state, water
body, fish species, and contaminant type, and contains
4,598 advisories issued by states, the District of Columbia,
tribes, and U.S. territories because of chemical
contamination. Advisories cover 42% of the total lake acres
(17.7 million) and 36% (1.3 million) of total river miles in
the U.S. We accessed consumption advisories issued by
states for the Mississippi River, which is bordered and
shared by 10 states in the central part of the U.S. (Figure 1).
We also accessed fish contaminant monitoring data
collected by these 10 states for the River, which is also
available in the NLFA. In some cases, consumption
212 JHHSA FALL 2013
advisories and monitoring i

therefore, we also accesse
information for each state via the web sites for their
consumption advisory programs.
For each state, we listed individual fish species for
which consumption advice has been issued, contaminants
that trigger the advisory, and species-specific consumption
advice. While consumption advice may be specific to only
a portion of the River within a state, we collated
consumption advice for the entire reach of the Mississippi
River within a state's border to simplify the comparative
analysis. We also listed contaminant monitoring
information for states that do not issue consumption advice
for all or some of their waters of the Mississippi River. We
provide a brief summary below of the adverse health
effects associated with contaminants found in fish tissues
that trigger consumption advisories.
RESULTS
Five of the ten states bordering the Mississippi

River issue consumption advice for at least one species o
fish found in the River (Figure 1). We did not include mor
general, statewide advice that many jurisdictions issue for
fish contaminated with mercury, although in many cases
fish from the Mississippi River are included in this gener
advisory. Consumption advice typically takes one of three
forms: Do not eat; Restrict consumption (either fo
sensitive populations such as women of child bearing ag
pregnant women, and children, or for all consumers), and
Unlimited consumption (effectively - no consumption
advice). Restrict consumption advice is typically provide
on a meal frequency basis such as no more than one me
per week or month. For ease of analysis, we combined
restrict consumption advice for all meal frequencies and fo
sensitive and general populations to one category.
JHHSA FALL 2013 213
Minnesota and Wisconsi

for the greatest number o
and Tennessee also issue c
Kentucky, Arkansas, Mis
issue species-specific co
Mississippi River. Consum
PCBs (MN, WI, IL, and M
TN), chlordane (MO an
sulfonate (PFOS - WI and
Jurisdictional inconsistencies occur when
approaches to resource management differ among, f
example, states that share the resource. In the case of th
Mississippi River, several states share river borders an
waters, and presumably management responsibilities f
the fish and other biota that exist in those waters. Yet, th
states bordering the Mississippi River do not issu
consistent advice for the consumption of contaminated fi
from those waters. Tennessee advises that fish should not
be consumed if taken from its Mississippi River waters in a
stretch beginning at the Mississippi/Tennessee border and
running to a few miles north of Memphis. Concurrently,
Arkansas does not issue any advice for the consumption of
fish from its waters along the same stretch of the river,
implying that all fish can be safely consumed. Wisconsin
and Illinois issue consumption advice for ten and three
species respectively of their shared waters, while Iowa,
which shares waters with both states, does not issue any
consumption advice for fish from the Mississippi River.
Missouri, which issues consumption advice for five
species, shares waters with Kentucky, which does not issue
any consumption advice for its waters of the Mississippi
River.
There are also inconsistencies in the number of
advisories issued by states that share Mississippi River
waters. Missouri provides advice to restrict consumption of
five species of fish taken from its waters of the Mississippi
214 JHHSA FALL 2013
River, while Illinois provides advice to restrict

consumption of only three of those species. Wisconsin
issues advice for ten species while Minnesota issues advice
for twenty. It is important to note that Minnesota and
Wisconsin issue consistent advice for the ten shared species
taken from the Mississippi River (nine are restrict
consumption and one - Bowfin - is Do Not Eat).
Five states (LA, AR, KY, IA, and MS) do not issue
species-specific consumption advice for fish taken from
their waters of the Mississippi River. However, three of the
states have monitored Mississippi River fish tissue in the
past and found at least one contaminant (Table 1).
Contaminant concentrations found as part of this
monitoring program would have triggered restrict
consumption advice for several fish species ranging from
no more than one meal per week to less than one meal per
month based on EPA national guidance for the
development of fish consumption advisories (U.S. EPA,
2012b). However, most of the monitoring data available in
the NLFA database from the three states date to the 1990s;
thus, the data may not reflect contemporary contaminant
concentrations in fish from these waters of the River. Two
states, Arkansas and Kentucky, have not monitored
Mississippi River fish for any contaminants, based on data
available from the NLFA.
Four contaminants (PCBs, mercury, chlordane, and
PFOS) are responsible for fish consumption advisories in
the five states that issue advice for Mississippi River fish.
PCBs, mercury, and chlordane are legacy contaminants;
that is, they have been responsible for contamination of fish
tissue since monitoring began in specific regions such as
the Great Lakes during the 1970s. The adverse health
effects of exposure to these compounds are well
established, as are effects-based exposure and associated
trigger levels for consumption advice (Table 2). PFOS is a
relatively new pollutant of concern and is a key ingredient
JHHSA FALL 2013 215
in fabric protectors such

Tanaka, Lien, & Qiu, 200
environment and accumulates in fish and other wildlife
(Suja, Pramanik, & Zain, 2009). Data on the human health
effects of exposure to PFOS are limited (Fromme,
Tittlemier, Volkel, Wilhelm, & Twardella, 2009), but it is
suspected of causing kidney damage, cancer, birth and
developmental effects, and of disrupting endocrine
(hormone) systems.
DISCUSSION AND CONCLUSION
Variability in fish consumption advice result

nationally from the passive delegation of exposur
management from the federal government (U.S. FDA)
the states; specifically, via a choice made by the FDA
not regulate contaminants in sport caught fish. The state
New York was the most aggressive in seizing responsibili
for exposure management when it banned the harvest an
consumption of Great Lakes salmon in the 1970s. Sin
then, programs implemented by states that have chosen
manage exposure to contaminants in the tissues of spo
caught fish have varied considerably. For example, For
and Vanderploeg (1989) documented significant variabilit
in fish consumption advice among states bordering t
seven Great Lakes, including variability among states tha
shared waters of a single lake.
The impetus to work toward uniform fish
consumption advice among the Great Lakes states did n
come from the federal government. Rather, the seven Gr
Lakes states chose to address the lack of uniformity
consumption advice in the early 1990s in large part due t
pressure by the public and environmental healt
organizations. As a result, the Great Lakes states mad
significant progress toward uniform approaches
development and issuance of consumption advice duri
216 JHHSA FALL 2013
the 1990s (Kamrin & Fisch

Lakes states achieved some
federal government, thro
informally codify recomme
consumption advice for spor
Subsequently, states such
of the Ohio River develop
advice for their shared w
(Thomas et al., 2011). Ho
Wisconsin and Minnesota,
approach to advisory deve
Lake Superior and the Mi
consumption advice rema
species for which advice i
consumption advisories am
Mississippi River waters are
where a state on one side of
issue any fish consumptio
opposite side (Tennessee) inf
not eat any fish from the
taken to its extreme when
the Tennessee side of the river would be told not to
consume it, but if that same fish were caught on the
Arkansas side (an appropriate hypothetical example as fish
do not respect political boundaries), the fish would not be
subject to any consumption restrictions.
Widespread consistency in approaches to develop
consumption advice exists among states throughout the
U.S. and is due, in part, to risk-based guidance provided by
the EPA. Differences in consumption advice between states
sharing waters of the Mississippi River are not, therefore,
likely due to differences in approaches to advisory
development. That is, states bordering the Mississippi
River generally appear to follow EPA guidance for
contaminant trigger levels and advice categories to develop
their species-specific advisories (this is, however, difficult
JHHSA FALL 2013 217
to confirm as some state

advisories are developed
information available in t
several reasons, other than
fish consumption advice am
the Mississippi River.
Affordability, particular
scarce state dollars on mo
and programmatic suppor
risk-based consumption
role in advisory difference
the lower Mississippi Rive
fish tissue monitoring for
associated with the appeara
federal government, by
programs delegated to a st
of uniform fish advisori
pressures may influence
monitoring and advisory d
to assess the quality of sur
quality impairment unde
Clean Water Act. Many s
consumption advisories as
a list of impaired waters
issuing fish consumption
statutorily to add a lake
waters.
Inconsistent or conflicting fish consumption advice

can lead to confusion and loss of credibility. But, more
important, it is likely to threaten public health, particularly
the health of susceptible subpopulations such as the
developing fetus and children. Mercury, a known
developmental toxicant that poses significant threats to the
fetus and neurological development in children,
accumulates in the blood of pregnant women who consume
mercury-contaminated fish, while pregnant women who
218 JHHSA FALL 2013
follow fish consumptio

exposure have lower bloo
follow advice (Bjornberg
females who consumed
contaminated fish had bloo
the maximum level recom
National Academy of S
2003), and adverse effects
as cardiovascular disease,
Harris, Appel, & Comm,
been consistently demo
balanced by the heart hea
ingestion via fish consump
are also elevated in high-e
fish and the adverse effect
have been demonstrated in children of women who
consumed contaminated fish during pregnancy (Jacobson &
Jacobson, 2002; Stewart et al., 2008; Tatsuta et al., 2012)
as well as in older adults (Schantz et al., 2001).
Alternatively, studies demonstrate the efficacy of
consistent, well planned and supported, and clearly
articulated fish consumption advice (Connelly & Knuth,
1998; DeWeese, Kmiecik, Chiriboga, & Foran, 2009; Imm,
Knobeloch, Anderson, & Great Lakes Sport Fish, 2005;
Teisl, Fromberg, Smith, Boyle, & Engelberth, 2011). An
additional outcome of uniform or at least consistent
consumption advisories is the ability to communicate the
health benefits of consuming fish (Knuth, Connelly,
Sheeshka, & Patterson, 2003). Every state bordering the
Mississippi River that issues fish consumption advice also
communicates information about the benefits of fish
consumption and provides guidance on balancing health
risks and benefits. Where jurisdictional inconsistencies in
consumption advice jeopardize the credibility and
receptivity of advisories, they also then jeopardize the
opportunity to communicate the health benefits of fish
JHHSA FALL 2013 219
consumption. Clearly,
consumption advice that
risks as well as benefits
resource such as the M
managed by multiple ju
Table 1
Mercury monitoring of Mississippi River fish by states
without species-specific consumption advisories for the
River.
River.
State Iowa Mississippi Louisiana
Concentration 0.05-0.38 0.08 - 0.73 0.01 -0.53

Range (ppm)
Monitoring 1991 - 1995 1991 - 1999 1990- 1994

Period
Fish Carp Carp Carp

Species White Bass White Bass White Bass
Catfish Blue Catfish Blue Catfish
Buffalo Flathead Catfish
Channel Catfish
Longnose Gar
Freshwater Drum
S.M. Buffalo
Striped Bass
B.M. Buffalo
L.M. Bass
Red Snapper
Cobia
Crappie
Red Drum
Source: U.S. EPA NLFA, available at:

http://water.epa.gov/scitech/swguidance/fishshellfish/fishadvisories
(accessed 27 September 2012).
220 JHHSA FALL 2013
Table 2
Selected health effects, susceptible populations, and

advisory trigger levels for contaminants in tissues of
Mississippi River fish.
Health Effects' Susceptible T rigger Advisories2

Populations' Levels2
Polvchlorinated
Biohenvls (PCB)
Impaired reproduction,Women of child > 0.09 mg/kg: Do not eat
endocrine disruption, bearing age, 0.023 - 0.047 1 meal/month
birth weight reduction,
pregnant women, mg/kg 1 meal/week
cognitive impairment children. 0.006-0.12 mg/kg
in children, probable
human carcinogen.
Mercury (He)
Nervous system Pregnant women, >1.9 mg/kg: Do not eat
effects, fetal children. 0.47 - 0.94 mg/kg 1 meal/month
development, 0.12 - 0.23 mg/kg 1 meal/week
neurological
development, IQ
reduction.
Chlordane
Likely human Developing >0.54 mg/kg: Do not eat
carcinogen, nerv fetus, infants. 0.13 - 0.27 mg/kg 1 meal/month

ous system effects, 0.03 - 0.07 mg/kg 1 meal/week
developmental
effects
Perfluorooctune
sulfonate (PFOS)
Suspected human Pregnant women,Not available Not available
carcinogen, birth and children.
developmental effects,
endocrine disruption.
1. Source: ATSDR. Available at:

http ://www.atsdr.cdc. gov/toxprofiles/index.asp (accessed 27 September
2012).
2. Source: U.S. EPA. Available at:
http ://water.epa. gov/scitech/swguidance/fishshellfish/techguidance/
JHHSA FALL 2013 221
Figure 1
Fish consumption advisories for the Mississippi River.
- PFOS, PCB, Hg -
Restrict Consumption
Carp, Channel Catfish, Sunfish, "—-v—^ _ PFOS, PCB, Hg -

Flathead Catfish, White Bass,
Crappie, Buffalo, Walleye, S.M. ~vNIN X" Restrict Consumption
Bass, Redhorse, L,M. Bass, N. / ^ Carp, Channel Catfish,
Pike, Freshwater Drum, J ^ Sunfish> Flathead Catfish,
Bullhead, Sauger, Rock Bass, \X#( i«/i W^'te Bass' CraPPie'
Yellow Perch, White Sucker, Buffalo, Walleye,
Carp, Channel Catfish,
eon
Carp, Channel Catfish,
Sturgeon (+eggs), Flathead
Catfish. Blue Catfish
Notes: PFOS - Perfluorooctane sulfonate; PCB - Polychlorinated

biphenyls; Hg - Mercury. Source - U.S. EPA NLFA, available at:
http://water.epa.gov/scitech/swguidance/fishshellfish/fishadvisories
* Tennessee Do-Not-Eat advice for all fish applies only to the southern
portion of Tennessee's waters of the River from the Mississippi line to
just north of Memphis.
222 JHHSA FALL 2013
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6

Foran 2013 - Decisional Inconsistencies

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Foran 2013 - Decisional Inconsistencies

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DECISIONAL INCONSISTENCIES IN THE

MANAGEMENT OF CONTAMINATED, SPORT

Persistent toxic pollutants such as polychlorinated biphenyls an

Persistent toxic pollutants, such as dichloro

The U.S. Food and Drug

lake trout. Today, nearly

While many uncertaint

The EPA (U.S. EPA, 2012a) has created a national

advisories and monitoring i

Five of the ten states bordering the Mississippi

Minnesota and Wisconsi

River, while Illinois provides advice to restrict

in fabric protectors such

DISCUSSION AND CONCLUSION

Variability in fish consumption advice result

the 1990s (Kamrin & Fisch

to confirm as some state

Inconsistent or conflicting fish consumption advice

follow fish consumptio

State Iowa Mississippi Louisiana

Concentration 0.05-0.38 0.08 - 0.73 0.01 -0.53

Monitoring 1991 - 1995 1991 - 1999 1990- 1994

Fish Carp Carp Carp

Source: U.S. EPA NLFA, available at:

Selected health effects, susceptible populations, and

Health Effects' Susceptible T rigger Advisories2

carcinogen, nerv fetus, infants. 0.13 - 0.27 mg/kg 1 meal/month

1. Source: ATSDR. Available at:

Carp, Channel Catfish, Sunfish, "—-v—^ _ PFOS, PCB, Hg -

Notes: PFOS - Perfluorooctane sulfonate; PCB - Polychlorinated

Bjornberg, K. A., Vahter, M., Petersson-Grawe, K., Glyn

Boening, D. W. (2000). Ecological effects, transport, and

Connelly, N. A., & Knuth, B. A. (1998). Evaluating risk

DeWeese, A. D., Kmiecik, N. E., Chiriboga, E. D., &

Evans, M. S., Muir, D., Lockhart, W. L., Stern, G., Ryan,

Foran, J. A., Cox, M., & C

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Foran, J. A., & Vanderploeg, D. (1989). Consumption

Fromme, FL, Tittlemier, S. A., Volkel, W., Wilhelm, M., &

Harris, S. A., & Jones, J. L. (2008). Fish consumption and

Hightower, J. M., & Moo

Imm, P., Knobeloch, L., Anderson, H. A., & Great Lake

Jacobson, J. L., & Jacobson, S. W. (2002). Association o

Kamrin, M. A., & Fischer, L. J. (1999). Current status of

Karagas, M. R., Choi, A. L., Oken, E., Horvat, M.,

Rnuth, B. A., Connelly, N. A., Sheeshka, J., & Patterson, J.

Kris-Etherton, P. M., Harr

Oken, E., Choi, A. L., Karagas, M. R., Marien, K.,

Oliveira, T., Santacroce, G., Coleates, R., Hale, S., Zevin,

Petre, S. J., Sackett, D. K., & Aday, D. D. (2012). Do

Schantz, S. L., Gasior, D. M., Polverejan, E., McCaffrey,

Stewart, P. W., Lonky, E.,

Suja, F., Pramanik, B. K., & Zain, S. M. (2009).

Tatsuta, N., Nakai, K., Murata, K., Suzuki, K., Iwai

Teisl, M. F., Fromberg, E., Smith, A.

Thomas, J. A., Alexander, L., Barron,

Turyk, M. E., Bhavsar, S.

U.S. EPA. (2004). What You Need to Know about Me

U.S. EPA. (2012a). Fish Consumption Advisories

U.S. EPA. (2012b). Guidance for Assessing C

van der Oost, R., Beyer, J., & Vermeulen, N

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