[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Rules and Regulations]
[Pages 27217-27219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11601]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 622, 635, 640, and 654
[Docket No. 100510220-0221-01]
RIN 0648-AY90
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Emergency Fisheries Closures in the Southeast Region Due to the
Deepwater Horizon Oil Spill; Amendment 2
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency rule; amendment; request for comments.
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SUMMARY: NMFS issues this emergency rule to close portions of the Gulf
of Mexico (Gulf), South Atlantic, and Caribbean exclusive economic
zones (Southeast EEZ) to all fishing as necessary when new information
becomes available, to respond to the evolving nature of the Deepwater
Horizon oil spill. The closed portions of the Southeast EEZ will be
updated on a regular basis and announced to the public via NOAA Weather
Radio, fishery bulletin, and NOAA Web site updates. The updated closed
area may also be obtained by calling the NMFS Southeast Regional
Office, Sustainable Fisheries Division at 727-824-5305. This rule
replaces the existing closure rule, which became effective May 7, 2010,
and will remain in effect until terminated by subsequent rulemaking,
which will occur once the existing emergency conditions from the oil
spill no longer exist. Fish and shellfish in oil affected waters may be
contaminated with levels of hydrocarbons above baseline levels. The
U.S. Food and Drug Administration (FDA) considers such seafood to be
adulterated. The intent of this emergency rule is to prohibit the
harvest of adulterated seafood and for public safety.
DATES: This rule is effective May 11, 2010. Comments may be submitted
through June 10, 2010.
ADDRESSES: You may submit comments on this rule, identified by ``0648-
AY90'' by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal: http://www.regulations.gov.
Fax: 727-824-5308; Attention: Anik Clemens.
Mail: Anik Clemens, Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL 33701.
Instructions: No comments will be posted for public viewing until
after the comment period. All comments received are a part of the
public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying
Information (for example, name, address, etc.) voluntarily submitted by
the commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, enter ``NOAA-NMFS-2010-0103'' in the keyword
search, then select ``Send a Comment or Submission.'' NMFS will accept
anonymous comments (enter N/A in the required fields, if you wish to
remain anonymous). You may submit attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
Copies of the environmental assessment, which includes a finding of
no significant impact, may be obtained from Cynthia Meyer, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701-
5505; telephone: 727-824-5305; e-mail: [email protected].
FOR FURTHER INFORMATION CONTACT: Anik Clemens, telephone: 727-824-5305,
fax: 727-824-5308, e-mail: [email protected].
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) provides the legal authority
for the promulgation of emergency regulations under section 305(c).
Background
NMFS responded to the April 20, 2010 Deepwater Horizon oil spill by
closing a portion of the Gulf EEZ to all fishing through an emergency
rule effective May 2, 2010 (75 FR 24822, May 6, 2010). The closure
covered an area of the Gulf approximately 6,817 square miles (17,655
square km), or 3 percent of the total area of the Gulf EEZ. Oil
continued to leak from the Deepwater Horizon incident at a rate of
approximately 5,000 barrels (210,000 gallons, or 794,936.5 liters) per
day. Due to the evolving nature of the oil spill, NMFS revised the
closed area in a second emergency rule that became effective May 7,
2010 and will publish May 12, 2010. This second emergency rule closed
an area of the Gulf approximately 10,807 square miles (27,989 square
km), or 4.5 percent of the total area of the Gulf EEZ, therefore, 95.5
percent of the Gulf remains open.
Need for This Emergency Rule
The oil spill continues to shift locations in the Gulf of Mexico
and could reach South Atlantic and/or Caribbean Federal waters. Wind
speed and direction, currents, waves, and other weather patterns lead
to changes in oil location. As the weather conditions controlling the
movement of the oil change, the oil could move in directions not
initially predicted. This emergency rule allows NMFS to make more
timely revisions to the area closed to all fishing. This will become
necessary as new information on the location of the Deepwater Horizon
oil spill becomes available. Continuing to follow the process of
revising the closed area through publication of successive emergency
rules does not allow for timely modification of the closure and
[[Page 27218]]
could lead to possible harvest of adulterated seafood products from an
area where oil is actually present. Sale of adulterated seafood is not
in the public interest. This rule will remain in effect until
terminated by subsequent rulemaking, which will occur once the existing
emergency conditions from the oil spill no longer exist.
Revising the Closed Area
NMFS will revise the closed area to all fishing in the Southeast
EEZ based on the current location of the oil spill. Wind speed and
direction, currents, waves, and other weather patterns lead to changes
in oil location. Closed areas may be reopened if NMFS has determined
that oil has never been in that area. Closed areas may also be reopened
if NMFS has determined that fish and other marine species located in
that area have returned to their baseline levels of hydrocarbons. NMFS
will announce the revised closed area via NOAA Weather Radio, fishery
bulletin, and NOAA Web site updates. The updated closed area may also
be obtained by calling the NMFS Southeast Regional Office, Sustainable
Fisheries Division at 727-824-5305. In order to give fishermen enough
time to come into compliance with the revised closed area, NMFS will
announce the revised closed area daily at 12 noon, eastern time (11
a.m. central time). The revised closed area will become effective at 6
p.m. eastern time (5 p.m. central time). If no changes are made to the
closed area on a given day, that will be announced as well. To obtain
the coordinates of the revised closed area, go to the following Web
site: http://sero.nmfs.noaa.gov, or call the NMFS Southeast Regional
Office, Sustainable Fisheries Division at 727-824-5305. The Sustainable
Fisheries Division After-Hours message includes the updated coordinates
of the closure.
NMFS continues to assess the impacts this oil spill is having on
the fishing industry, as well as on the fish and other marine species
that inhabit these waters. Fish and shellfish in oil affected waters
may be contaminated with levels of hydrocarbons above baseline levels.
The FDA considers such seafood to be adulterated, as defined under
Sec. 402(a) of the Food, Drug, and Cosmetic Act of 1938. The intent of
this emergency rule is to prohibit the harvest of adulterated seafood.
Classification
This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act),
16 U.S.C. 1855(c).
This rulemaking is a ``significant regulatory action'' under
section 3(f) of Executive Order 12866. The Department of Commerce has
notified the Office of Management and Budget Office of Information and
Regulatory Affairs (OMB/OIRA) under section 6(a)(3)(D) of the Executive
Order, and OMB/OIRA agrees, that NOAA is promulgating this action in an
emergency situation and that normal Executive Order review is not
practicable at this time. For this reason, OMB/OIRA has not reviewed
this notice under EO 12866.
The Assistant Administrator for Fisheries, NOAA (AA), finds good
cause under 5 U.S.C. 553(b)(B) to waive prior notice and the
opportunity for public comment. Prior notice and opportunity for public
comment would be impracticable and contrary to the public interest, as
delaying action constitutes a public safety concern. NMFS is
implementing this closure in response to the oil spill to help prevent
any potential injuries to fishermen in the area. Any delay of
implementation of this fisheries closure could constitute unsafe
fishing conditions for the fishing industry. In addition, any delay
would pose a clear risk of the lawful harvest of adulterated product,
which is not in the public interest. Thus, the AA finds good cause to
waive prior notice and the opportunity for public comment.
For the reasons stated above, the AA also finds good cause to waive
the 30-day delay in effective date of this rule under 5 U.S.C.
553(d)(3).
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553 or any other law, the analytical
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.
are inapplicable.
List of Subjects
50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Imports, Reporting and
recordkeeping requirements, Treaties.
50 CFR Part 640
Fisheries, Fishing, Incorporation by reference, Reporting and
recordkeeping requirements.
50 CFR Part 654
Fisheries, Fishing.
Dated: May 11, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR parts 622, 635, 640,
and 654 are amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.7, paragraph (jj) is added to read as follows:
Sec. 622.7 Prohibitions.
* * * * *
(jj) Harvest a Caribbean spiny lobster, effective May 11, 2010, in
the portion of the Caribbean EEZ designated in Sec. 622.33(c), due to
the Deepwater Horizon oil spill.
0
3. In Sec. 622.33, paragraph (c) is added to read as follows:
Sec. 622.33 Caribbean EEZ seasonal and/or area closures.
* * * * *
(c) Caribbean EEZ area closure related to Deepwater Horizon oil
spill. Effective [May 11, 2010, all fishing is prohibited in the
portion of the Caribbean EEZ identified in the map shown on the NMFS
Web site: http://sero.nmfs.noaa.gov/deepwater_horizon_oil_spill.htm.
0
4. In Sec. 622.34, paragraph (o) is removed and reserved and paragraph
(n) is added to read as follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(n) Gulf EEZ area closure related to Deepwater Horizon oil spill.
Effective [May 11, 2010, all fishing is prohibited in the portion of
the Gulf EEZ identified in the map shown on the NMFS Web site: http://sero.nmfs.noaa.gov/deepwater_horizon_oil_spill.htm.
* * * * *
0
5. In Sec. 622.35, paragraph (m) is added to read as follows:
Sec. 622.35 Atlantic EEZ seasonal and/or area closures.
* * * * *
(m) Atlantic EEZ area closure related to Deepwater Horizon oil
spill. Effective May 11, 2010, all fishing is prohibited in the portion
of the South Atlantic EEZ identified in the map shown on the NMFS Web
site: http://sero.nmfs.noaa.gov/deepwater_horizon_oil_spill.htm.
[[Page 27219]]
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
0
6. The authority citation for part 635 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
7. In Sec. 635.21, paragraph (a)(4)(vi) is removed and reserved and
paragraph (a)(4)(vii) is added to read as follows:
Sec. 635.21 Gear operation and deployment restrictions.
* * * * *
(a) * * *
(4) * * *
(vii) Caribbean, Gulf, and South Atlantic EEZ area closures related
to Deepwater Horizon oil spill. Effective May 11, 2010, no vessel
issued, or required to be issued, a permit under this part, may fish or
deploy any type of fishing gear in the areas designated at Sec. Sec.
622.33(c), 622.34(n), or 622.35(m) of this chapter.
* * * * *
PART 640--SPINY LOBSTER FISHERY OF THE GULF OF MEXICO AND SOUTH
ATLANTIC
0
8. The authority citation for part 640 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
9. In Sec. 640.7, paragraph (x) is added to read as follows:
Sec. 640.7 Prohibitions.
* * * * *
(x) Harvest a spiny lobster, effective May 11, 2010, in the portion
of the Gulf or South Atlantic EEZ designated in Sec. 622.34(n) or
Sec. 622.35(m) of this chapter, respectively, due to the Deepwater
Horizon oil spill.
PART 654--STONE CRAB FISHERY OF THE GULF OF MEXICO
0
10. The authority citation for part 654 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
11. In Sec. 654.7, paragraph (r) is removed and reserved and
paragraph(s) is added to read as follows:
Sec. 654.7 Prohibitions.
* * * * *
(s) Pull or tend a stone crab trap, effective May 11, 2010, in the
portion of the Gulf EEZ designated in Sec. 622.34(n) of this chapter,
due to the Deepwater Horizon oil spill.
[FR Doc. 2010-11601 Filed 5-11-10; 4:15 pm]
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