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]

Download as PDF 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: http:// 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. PO 00000 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] BILLING CODE 3510–22–S E:\FR\FM\16JNR1.SGM 16JNR1 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′ E:\FR\FM\16JNR1.SGM 16JNR1 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 E:\FR\FM\16JNR1.SGM 16JNR1

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]]

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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