Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Emergency Fishery Closure Due to the Presence of the Toxin that Causes Paralytic Shellfish Poisoning (PSP), 35046-35048 [05-12030]
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35046
Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Rules and Regulations
vessels landing summer flounder in any
state that does not implement
conservation equivalent measures are
subject to the precautionary default
measures, consisting of an 18–inch
(45.7–cm) minimum fish size, a
possession limit of one fish, and no
closed season. The suites of
conservation equivalent measures
proposed by each state are less
restrictive than the precautionary
default measures. Therefore, because
states have a choice as to the specific
measures to apply to landings in each
state, it is more rational for the states to
adopt conservation equivalent measures
that result in fewer adverse economic
impacts than to adopt the more
restrictive measures contained in the
precautionary default alternative.
For the proposed rule, average party/
charter losses for each of the 18
potential combinations of alternatives
were estimated for federally permitted
vessels by multiplying the number of
potentially affected trips in 2005 in each
state by the estimated average access fee
paid by party/charter anglers in the
Northeast Region in 2004. Predicted
average losses for NY were presented as
an example, and ranged from $1,917 per
vessel under the combined effects of
Summer Flounder Alternative 2, Scup
Alternative 1, and Black Sea Bass
Alternative 1, to $8,817 per vessel under
the combined effects of the summer
flounder precautionary default
(considered in Summer Flounder
Alternative 1), Scup Alternative 3, and
Black Sea Bass Alternative 2 or 3
(assuming a 25–percent reduction in
effort for affected trips). Analyses for the
combinations including Scup
Alternative 3 have been repeated using
the revised fishing season of January 1
through February 28, and September 18
through November 30. The result is that
predicted average losses for NY range
from $1,917 per vessel under the
combined effects of Summer Flounder
Alternative 2, Scup Alternative 1, and
Black Sea Bass Alternative 1, to $8,732
per vessel under the combined effects of
the summer flounder precautionary
default (considered in Summer
Flounder Alternative 1), Scup
Alternative 3, and either Black Sea Bass
Alternative 2 or 3.
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a small entity
compliance guide will be sent to all
holders of Federal party/charter permits
issued for the summer flounder, scup,
and black sea bass fisheries. In addition,
copies of this final rule and guide (i.e.,
permit holder letter) are available from
NMFS (see ADDRESSES) and at the
following website: https://
www.nero.noaa.gov.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
(a) The Regional Administrator has
determined that the recreational fishing
measures proposed to be implemented
by Massachusetts through North
Carolina for 2005 are the conservation
equivalent of the season, minimum fish
size, and possession limit prescribed in
§§ 648.102, 648.103, and 648.105(a),
respectively. This determination is
based on a recommendation from the
VerDate jul<14>2003
15:36 Jun 15, 2005
Jkt 205001
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: June 9, 2005.
Rebecca Lent,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble,
50 CFR part 648 is amended as follows:
I
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.104, the first sentence of
paragraph (b)(1) is revised to read as
follows:
I
§ 648.104
Gear restrictions.
*
*
*
*
*
(b) * * *
(1) Vessels issued a summer flounder
moratorium permit, a summer flounder
small-mesh exemption area letter of
authorization (LOA), required under
paragraph (b)(1)(i) of this section, and
fishing from November 1 through April
30 in the exemption area, which is east
of the line that follows 72°30.0′ W. long.
until it intersects the outer boundary of
the EEZ (copies of a map depicting the
area are available upon request from the
Regional Administrator). * * *
*
*
*
*
*
I 3. In § 648.107, paragraph (a)
introductory text is revised to read as
follows:
§ 648.107 Conservation equivalent
measures for the summer flounder fishery.
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Frm 00062
Fmt 4700
Sfmt 4700
Summer Flounder Board of the Atlantic
States Marine Fisheries Commission.
*
*
*
*
*
4. In § 648.122, paragraph (g) is revised
to read as follows:
I
§ 648.122
Season and area restrictions.
*
*
*
*
*
(g) Time restrictions. Vessels that are
not eligible for a moratorium permit
under § 648.4(a)(6), and fishermen
subject to the possession limit, may not
possess scup, except from January 1
through the last day of February, and
from September 18 through November
30. This time period may be adjusted
pursuant to the procedures in § 648.120.
5. In § 648.123, the first sentence of
paragraph (a)(5) is revised to read as
follows:
I
§ 648.123
Gear restrictions.
(a) * * *
(5) Stowage of nets. The owner or
operator of an otter trawl vessel
retaining 500 lb (226.8 kg) or more of
scup from November 1 through April
30, or 200 lb (90.7 kg) or more of scup
from May 1 through October 31, and
subject to the minimum mesh
requirements in paragraph (a)(1) of this
section, and the owner or operator of a
midwater trawl or other trawl vessel
subject to the minimum size
requirement in § 648.122, may not have
available for immediate use any net, or
any piece of net, not meeting the
minimum mesh size requirement, or
mesh that is rigged in a manner that is
inconsistent with the minimum mesh
size. * * *
*
*
*
*
*
6. Section 648.142 is revised to read as
follows:
I
§ 648.142
Time restrictions.
Vessels that are not eligible for a
moratorium permit under § 648.4(a)(7),
and fishermen subject to the possession
limit may possess black sea bass from
January 1 through December 31, unless
this time period is adjusted pursuant to
the procedures in § 648.140.
[FR Doc. 05–11837 Filed 6–15–05; 8:45 am]
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Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Rules and Regulations
Copies of the emergency rule are
available from Patricia A. Kurkul,
Regional Administrator, National
Marine Fisheries Service, One
Blackburn Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT:
Brian Hooker, Fishery Policy Analyst,
phone: (978) 281–9220, fax; (978) 281–
9135.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 050613158-5158-01; I.D.
061305B]
RIN 0648–AT48
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States;
Emergency Fishery Closure Due to the
Presence of the Toxin that Causes
Paralytic Shellfish Poisoning (PSP)
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Emergency action; request for
comments.
AGENCY:
SUMMARY: NMFS is promulgating
emergency regulations, at the request of
the Food and Drug Administration
(FDA), to close portions of Federal
waters of the Gulf of Maine, Georges
Bank, and southern New England to the
harvest of shellfish (bivalves), with the
exception of sea scallop adductor
muscles harvested and shucked at sea,
due to the presence in those waters of
the toxin that causes paralytic shellfish
poisoning (PSP). The concentrations of
the toxin in the Federal waters is great
enough to warrant a public health
emergency. The closure will remain in
effect until September 30, 2005, with
the possibility of a reduction or an
extension of the closure based upon
FDA’s determination that the
concentration of the toxin in shellfish is
at a level that is safe or unsafe,
respectively, for human consumption.
DATES: Effective June 14, 2005 through
September 30, 2005. Comments must be
received by July 18, 2005.
ADDRESSES: Comments may be
submitted by any of the following
methods:
• E-mail: PSPClosure@NOAA.gov.
Include in the subject line the following:
‘‘Comments on the Emergency Rule for
Area Closure Due to PSP.’’
• Federal e-Rulemaking Portal: http:/
www.regulations.gov.
• Mail: Paper, disk, or CD-ROM
comments should be sent to Patricia A.
Kurkul, Regional Administrator,
National Marine Fisheries Service, One
Blackburn Drive, Gloucester, MA 01930.
Mark the outside of the envelope
‘‘Comments on the Emergency Rule for
Area Closure Due to PSP.’’
• Fax: (978) 281–9135.
VerDate jul<14>2003
15:36 Jun 15, 2005
Jkt 205001
Background
On June 10, 2005, FDA requested that
NMFS close an area of Federal waters
off the coasts of New Hampshire and
Massachusetts to any harvesting of
shellfish (bivalves) intended for human
consumption. This includes surfclams,
ocean quahogs, unshucked or ‘‘roe-on’’
scallops, and mussels. The only
exception to this closure is for Atlantic
sea scallops harvested for onboard
shucking of the adductor muscle or
‘‘meat’’ which is unaffected by the
toxin. The text of the June 10, 2005,
FDA request is as follows:
June 10, 2005
Rebecca Lent, Ph.D.
Deputy Administrator
National Marine Fisheries Service
1315 East West Highway
Silver Spring, MD 20910
Dear Dr. Lent:
On behalf of Michael O. Leavitt, Secretary of
Health and Human Services (HHS), the Food
and Drug Administration (FDA) is requesting
that the National Oceanic and Atmospheric
Administration (NOAA)/National Marine
Fisheries Service (NMFS) of the Department
of Commerce close waters of the north
western Atlantic Ocean, as described below,
to the harvesting of bivalve molluscan
shellfish intended for human consumption.
The States of Massachusetts, New
Hampshire, and Maine are experiencing one
of the largest toxic algal blooms (red tides) in
their history. The red tide, which is
responsible for the production of marine
biotoxins that cause Paralytic Shellfish
Poisoning (PSP) in persons consuming
affected shellfish, has spread from State
waters to Federal waters further offshore. In
accordance with the National Shellfish
Sanitation Program (NSSP), the States have
closed affected waters within their
jurisdiction. Closure of Federal waters is also
necessary to address this public health
emergency by ensuring that potentially
unsafe bivalve molluscan shellfish are not
harvested for human consumption.
FDA is requesting that NMFS close all waters
south of 43 degrees north latitude, west of 69
degrees west longitude, north of 40 degrees
north latitude, and east of 71 degrees west
longitude. This area is to be closed to the
harvesting of all species of bivalve molluscan
shellfish with the only exception of scallops
that are harvested for onboard shucking of
the adductor muscle. While FDA cannot
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
35047
predict how long the closure should remain
in effect, it is reasonable that closure should
at least extend for 2 to 3 months. Reopening
the area should be based on test results from
shellfish collected within the closed area.
The closure does not include Federal waters
off the coast of Maine because cell counts of
the organism responsible for production of
the dangerous marine biotoxin are at lower
levels and the small fishery in these waters
has been controlled through State and
industry actions.
Given the severity of the illness associated
with PSP, FDA requests that NMFS moves as
quickly as possible to implement the closure.
FDA stands ready to assist NMFS in
whatever way it can. Please contact Paul
DiStefano at 301–436–1410, of my staff, or
me should you have any questions or need
further assistance.
As always, FDA appreciates the support and
cooperation provided by NMFS in our joint
efforts to protect public health. We look
forward to working with you to collect
samples from the closure to better define the
level of toxicity in shellfish meats and in our
joint efforts to once again reopen the area for
commercial harvest.
Sincerely,
Lester M. Crawford, D.V.M., Ph.D.
Acting Commissioner of Food and Drugs.
According to FDA, portions of the
north western Atlantic Ocean are
experiencing one of the largest toxic
algal blooms (red tides) in history. The
red tide is responsible for the
production of marine biotoxins that
cause PSP in persons consuming
affected shellfish. It has spread from
State waters to Federal waters further
offshore. In accordance with the FDA’s
National Shellfish Sanitation Program
(NSSP), the States have closed affected
waters within their jurisdiction. Closure
of the Federal waters is also necessary
to address the public health emergency.
While it is difficult to predict
precisely how long the closure should
remain in effect, FDA estimates that the
closure should remain in effect at least
2 to 3 months. Thus, this closure will
remain in effect until September 30,
2005, with the possibility of a reduction
or an extension of the closure based
upon FDA’s determination that the
concentration of the toxin in shellfish is
at a level that is safe or unsafe,
respectively, for human consumption.
This action temporarily closes all
Federal waters of the Exclusive
Economic Zone (EEZ) of the
Northeastern United States to any
shellfish harvesting, with the exception
of Atlantic sea scallops shucked at sea
for their adductor muscles, in the area
bound by the following coordinates in
the order stated: (1) 43°00′ N. lat., 71°00′
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35048
Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Rules and Regulations
W. long.; (2) 43°00′ N. lat., 69°00′ W.
long.; (3) 40°00′ N. lat., 69°00′ W. long.;
(4) 40°00′ N. lat., 71°00′ W. long., and
then ending at the first point.
Classification
This action is issued pursuant to
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, 16 U.S.C. 1855(c).
This rule has been determined to be
not significant under Executive Order
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 for this action, as prior notice
and comment would be impracticable
and contrary to the public interest. The
action is in response to a public health
emergency. The FDA has requested that
NMFS move as quickly as possible to
close a specified area to the harvest of
shellfish, as shellfish harvested from
that area could pose a public health risk
if consumed. Any delay in
implementing this rule could pose
serious health risks to the public. For
the reasons stated above, the AA also
VerDate jul<14>2003
15:36 Jun 15, 2005
Jkt 205001
finds good cause to waive the delayed
effectiveness period pursuant to 5
U.S.C. 553(d)(3).
Since this emergency action is
necessary to protect public health, a
Regulatory Impact Review (RIR) in
accordance with Executive Order 12866
has not been completed. The RIR will be
made available to the public once it has
been completed.
Because notice and opportunity for
comment are not required pursuant to 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. Therefore, a
regulatory flexibility analysis is not
required and has not been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: June 14, 2005.
Rebecca Lent
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble,
50 CFR part 648 is amended to read as
follows:
I
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.14, paragraph (a)(166) is
added to read as follows:
I
§ 648.14
Prohibitions.
(a) * * *
(166) Fish for, harvest, catch, possess,
or attempt to fish for, harvest, catch, or
possess any bivalve shellfish, including
Atlantic surfclams, ocean quahogs, and
mussels, with the exception of sea
scallops harvested only for adductor
muscles and shucked at sea, in the area
of the U.S. Exclusive Economic Zone
bound by the following coordinates in
the order stated: 43°00′ N. lat., 71°00′ W.
long.; 43°00′ N. lat., 69°00′ W. long.;
40°00′ N. lat., 69°00′ W. long.; 40°00′ N.
lat., 71°00′ W. long., and then ending at
the first point.
*
*
*
*
*
[FR Doc. 05–12030 Filed 6–14–05; 3:36 pm]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 70, Number 115 (Thursday, June 16, 2005)]
[Rules and Regulations]
[Pages 35046-35048]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12030]
[[Page 35047]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 050613158-5158-01; I.D. 061305B]
RIN 0648-AT48
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Emergency
Fishery Closure Due to the Presence of the Toxin that Causes Paralytic
Shellfish Poisoning (PSP)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency action; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS is promulgating emergency regulations, at the request of
the Food and Drug Administration (FDA), to close portions of Federal
waters of the Gulf of Maine, Georges Bank, and southern New England to
the harvest of shellfish (bivalves), with the exception of sea scallop
adductor muscles harvested and shucked at sea, due to the presence in
those waters of the toxin that causes paralytic shellfish poisoning
(PSP). The concentrations of the toxin in the Federal waters is great
enough to warrant a public health emergency. The closure will remain in
effect until September 30, 2005, with the possibility of a reduction or
an extension of the closure based upon FDA's determination that the
concentration of the toxin in shellfish is at a level that is safe or
unsafe, respectively, for human consumption.
DATES: Effective June 14, 2005 through September 30, 2005. Comments
must be received by July 18, 2005.
ADDRESSES: Comments may be submitted by any of the following methods:
E-mail: PSPClosure@NOAA.gov. Include in the subject line
the following: ``Comments on the Emergency Rule for Area Closure Due to
PSP.''
Federal e-Rulemaking Portal: http:/www.regulations.gov.
Mail: Paper, disk, or CD-ROM comments should be sent to
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries
Service, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of
the envelope ``Comments on the Emergency Rule for Area Closure Due to
PSP.''
Fax: (978) 281-9135.
Copies of the emergency rule are available from Patricia A. Kurkul,
Regional Administrator, National Marine Fisheries Service, One
Blackburn Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT: Brian Hooker, Fishery Policy Analyst,
phone: (978) 281-9220, fax; (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
On June 10, 2005, FDA requested that NMFS close an area of Federal
waters off the coasts of New Hampshire and Massachusetts to any
harvesting of shellfish (bivalves) intended for human consumption. This
includes surfclams, ocean quahogs, unshucked or ``roe-on'' scallops,
and mussels. The only exception to this closure is for Atlantic sea
scallops harvested for onboard shucking of the adductor muscle or
``meat'' which is unaffected by the toxin. The text of the June 10,
2005, FDA request is as follows:
June 10, 2005
Rebecca Lent, Ph.D.
Deputy Administrator
National Marine Fisheries Service
1315 East West Highway
Silver Spring, MD 20910
Dear Dr. Lent:
On behalf of Michael O. Leavitt, Secretary of Health and Human
Services (HHS), the Food and Drug Administration (FDA) is requesting
that the National Oceanic and Atmospheric Administration (NOAA)/
National Marine Fisheries Service (NMFS) of the Department of
Commerce close waters of the north western Atlantic Ocean, as
described below, to the harvesting of bivalve molluscan shellfish
intended for human consumption. The States of Massachusetts, New
Hampshire, and Maine are experiencing one of the largest toxic algal
blooms (red tides) in their history. The red tide, which is
responsible for the production of marine biotoxins that cause
Paralytic Shellfish Poisoning (PSP) in persons consuming affected
shellfish, has spread from State waters to Federal waters further
offshore. In accordance with the National Shellfish Sanitation
Program (NSSP), the States have closed affected waters within their
jurisdiction. Closure of Federal waters is also necessary to address
this public health emergency by ensuring that potentially unsafe
bivalve molluscan shellfish are not harvested for human consumption.
FDA is requesting that NMFS close all waters south of 43 degrees
north latitude, west of 69 degrees west longitude, north of 40
degrees north latitude, and east of 71 degrees west longitude. This
area is to be closed to the harvesting of all species of bivalve
molluscan shellfish with the only exception of scallops that are
harvested for onboard shucking of the adductor muscle. While FDA
cannot predict how long the closure should remain in effect, it is
reasonable that closure should at least extend for 2 to 3 months.
Reopening the area should be based on test results from shellfish
collected within the closed area. The closure does not include
Federal waters off the coast of Maine because cell counts of the
organism responsible for production of the dangerous marine biotoxin
are at lower levels and the small fishery in these waters has been
controlled through State and industry actions.
Given the severity of the illness associated with PSP, FDA requests
that NMFS moves as quickly as possible to implement the closure. FDA
stands ready to assist NMFS in whatever way it can. Please contact
Paul DiStefano at 301-436-1410, of my staff, or me should you have
any questions or need further assistance.
As always, FDA appreciates the support and cooperation provided by
NMFS in our joint efforts to protect public health. We look forward
to working with you to collect samples from the closure to better
define the level of toxicity in shellfish meats and in our joint
efforts to once again reopen the area for commercial harvest.
Sincerely,
Lester M. Crawford, D.V.M., Ph.D.
Acting Commissioner of Food and Drugs.
According to FDA, portions of the north western Atlantic Ocean are
experiencing one of the largest toxic algal blooms (red tides) in
history. The red tide is responsible for the production of marine
biotoxins that cause PSP in persons consuming affected shellfish. It
has spread from State waters to Federal waters further offshore. In
accordance with the FDA's National Shellfish Sanitation Program (NSSP),
the States have closed affected waters within their jurisdiction.
Closure of the Federal waters is also necessary to address the public
health emergency.
While it is difficult to predict precisely how long the closure
should remain in effect, FDA estimates that the closure should remain
in effect at least 2 to 3 months. Thus, this closure will remain in
effect until September 30, 2005, with the possibility of a reduction or
an extension of the closure based upon FDA's determination that the
concentration of the toxin in shellfish is at a level that is safe or
unsafe, respectively, for human consumption.
This action temporarily closes all Federal waters of the Exclusive
Economic Zone (EEZ) of the Northeastern United States to any shellfish
harvesting, with the exception of Atlantic sea scallops shucked at sea
for their adductor muscles, in the area bound by the following
coordinates in the order stated: (1) 43[deg]00' N. lat., 71[deg]00'
[[Page 35048]]
W. long.; (2) 43[deg]00' N. lat., 69[deg]00' W. long.; (3) 40[deg]00'
N. lat., 69[deg]00' W. long.; (4) 40[deg]00' N. lat., 71[deg]00' W.
long., and then ending at the first point.
Classification
This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Fishery Conservation and Management Act, 16 U.S.C. 1855(c).
This rule has been determined to be not significant under Executive
Order 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 for this action, as prior notice and
comment would be impracticable and contrary to the public interest. The
action is in response to a public health emergency. The FDA has
requested that NMFS move as quickly as possible to close a specified
area to the harvest of shellfish, as shellfish harvested from that area
could pose a public health risk if consumed. Any delay in implementing
this rule could pose serious health risks to the public. For the
reasons stated above, the AA also finds good cause to waive the delayed
effectiveness period pursuant to 5 U.S.C. 553(d)(3).
Since this emergency action is necessary to protect public health,
a Regulatory Impact Review (RIR) in accordance with Executive Order
12866 has not been completed. The RIR will be made available to the
public once it has been completed.
Because notice and opportunity for comment are not required
pursuant to 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. Therefore, a regulatory flexibility analysis is not
required and has not been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: June 14, 2005.
Rebecca Lent
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 648 is amended to
read as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.14, paragraph (a)(166) is added to read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(166) Fish for, harvest, catch, possess, or attempt to fish for,
harvest, catch, or possess any bivalve shellfish, including Atlantic
surfclams, ocean quahogs, and mussels, with the exception of sea
scallops harvested only for adductor muscles and shucked at sea, in the
area of the U.S. Exclusive Economic Zone bound by the following
coordinates in the order stated: 43[deg]00' N. lat., 71[deg]00' W.
long.; 43[deg]00' N. lat., 69[deg]00' W. long.; 40[deg]00' N. lat.,
69[deg]00' W. long.; 40[deg]00' N. lat., 71[deg]00' W. long., and then
ending at the first point.
* * * * *
[FR Doc. 05-12030 Filed 6-14-05; 3:36 pm]
BILLING CODE 3510-22-S
