Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Termination of Expansion of Emergency Fishery Closure Due to the Presence of the Toxin that Causes Paralytic Shellfish Poisoning, 70600 [E8-27749]
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Federal Register / Vol. 73, No. 226 / Friday, November 21, 2008 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No 080630803–8805–01]
RIN 0648–AW99
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States;
Termination of Expansion of
Emergency Fishery Closure Due to the
Presence of the Toxin that Causes
Paralytic Shellfish Poisoning
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of termination.
dwashington3 on PRODPC61 with RULES
AGENCY:
SUMMARY: NMFS is announcing the
termination of the revised and expanded
Northern Temporary Paralytic Shellfish
Poison (PSP) Closure Area, which
became effective on July 2, 2008, and
the return of the Northern and Southern
Temporary PSP Closure Areas to their
boundaries, previously implemented on
January 1, 2008, and effective through
December 31, 2008. Thus, the effect of
this notice will be to partially reopen a
large area around Nantucket Island to
the harvest of certain shellfish species.
Regulations governing fishery closures
in response to public health threats
require concurrence with the Secretary
of Health and Human Services prior to
any NMFS action on behalf of the
Secretary of Commerce (Secretary).
DATES: Effective November 18, 2008, to
December 29, 2008.
ADDRESSES: Written inquiries may be
sent to Patricia A. Kurkul, National
Marine Fisheries Service, Northeast
Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT:
Timothy Cardiasmenos, Fishery Policy
Analyst, (978) 281–9204; fax (978) 281–
9135.
SUPPLEMENTARY INFORMATION: On
December 31, 2007, at the request of the
U.S. Food and Drug Administration
(FDA), NMFS published an emergency
action in the Federal Register (72 FR
74207), closing the Northern and
Southern Temporary PSP Closure Areas
from January 1, 2008 through December
31, 2008. On June 25, 2008, NMFS
received a request from the FDA to
revise and expand the Northern
Temporary PSP Closure Area after
samples of shellfish off of the coast of
VerDate Aug<31>2005
13:08 Nov 20, 2008
Jkt 217001
Massachusetts tested positive for the
toxins (saxotoxins) that cause PSP. In
response to the June 25th request,
NMFS revised the January 1, 2008,
closure to implement modified
boundaries of the Northern and
Southern Temporary PSP Closure Areas
through an emergency action published
in the Federal Register (73 FR 38340).
The FDA submitted a letter to NMFS
on November 6, 2008, requesting the
termination of the recently expanded
Northern Temporary PSP Closure Area,
and a continuation of the previously
authorized closure. The FDA has
determined that adequate samples of
shellfish from the modified closure area,
east of Nantucket Island, have tested
well within safe limits for the toxins
(saxotoxins) that cause PSP. These
toxins are produced by the alga
Alexandrium fundyense, which can
form blooms commonly referred to as
red tides. The FDA now finds that the
modified portion of the Northern
Temporary PSP Closure Area is safe for
the harvest of Atlantic surfclams, ocean
quahogs, and scallops harvested and
shucked at sea for adductor muscles
only. The FDA maintains its
determination that the harvest of whole
and roe-on scallops is still unsafe from
this area. This action terminates the
closure published on July 7, 2008, and
reinstates the closure as published on
December 31, 2007.
This notice is issued pursuant to
section 305(c)(3)(D) of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), 16 U.S.C. 1855(c). That section
states that any emergency regulation
implemented under 305(c) ‘‘may be
terminated by the Secretary at an earlier
date by publication in the Federal
Register of a notice of termination.’’
Authority: 16 U.S.C. 1801 et seq.
Dated: November 17, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8–27749 Filed 11–18–08; 4:15 pm]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 080206127–81426–02]
RIN 0648–AS71
Fisheries in the Western Pacific;
Pelagic Fisheries; Squid Jig Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule designates
three species of pelagic squid as
management unit species, and
establishes permitting and reporting
requirements for squid jig fishing
vessels over 50 ft (15.4 m) in length.
These vessels will also be required to
carry Federal observers if requested by
NMFS. The final rule is intended to
improve information on squid jig
fisheries and their ecosystem impacts,
and to provide a basis for future
management of the fishery, if needed.
DATES: This final rule is effective
December 22, 2008, except for the
amendments to §§ 665.13, 665.14,
665.21, and 665.22, which require
approval by the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act (PRA). When OMB
approval is received, the effective date
will be announced in the Federal
Register.
ADDRESSES: The Fishery Management
Plan for Pelagic Fisheries of the Western
Pacific Region (Pelagics FMP) and
Amendment 15 are available from the
Western Pacific Fishery Management
Council (Council), 1164 Bishop St.,
Suite 1400, Honolulu, HI 96813, tel
808–522–8220, fax 808–522–8226, or
www.wpcouncil.org.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted to William L.
Robinson Regional Administrator,
NMFS, Pacific Islands Region (PIR),
1601 Kapiolani Blvd, Suite 1110,
Honolulu, HI 96814 4700, and by e-mail
to DavidlRostker@omb.eop.gov or fax
to 202–395–7285.
FOR FURTHER INFORMATION CONTACT:
Brett Wiedoff, NMFS PIR Sustainable
Fisheries Division, 808–944–2272.
SUPPLEMENTARY INFORMATION: This
Federal Register is also accessible at the
Office of the Federal Register’s web site:
www.gpoaccess.gov/fr.
E:\FR\FM\21NOR1.SGM
21NOR1
]]>Agencies
[Federal Register Volume 73, Number 226 (Friday, November 21, 2008)]
[Rules and Regulations]
[Page 70600]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27749]
[[Page 70600]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No 080630803-8805-01]
RIN 0648-AW99
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Termination of
Expansion of Emergency Fishery Closure Due to the Presence of the Toxin
that Causes Paralytic Shellfish Poisoning
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of termination.
-----------------------------------------------------------------------
SUMMARY: NMFS is announcing the termination of the revised and expanded
Northern Temporary Paralytic Shellfish Poison (PSP) Closure Area, which
became effective on July 2, 2008, and the return of the Northern and
Southern Temporary PSP Closure Areas to their boundaries, previously
implemented on January 1, 2008, and effective through December 31,
2008. Thus, the effect of this notice will be to partially reopen a
large area around Nantucket Island to the harvest of certain shellfish
species. Regulations governing fishery closures in response to public
health threats require concurrence with the Secretary of Health and
Human Services prior to any NMFS action on behalf of the Secretary of
Commerce (Secretary).
DATES: Effective November 18, 2008, to December 29, 2008.
ADDRESSES: Written inquiries may be sent to Patricia A. Kurkul,
National Marine Fisheries Service, Northeast Regional Office, 55 Great
Republic Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT: Timothy Cardiasmenos, Fishery Policy
Analyst, (978) 281-9204; fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: On December 31, 2007, at the request of the
U.S. Food and Drug Administration (FDA), NMFS published an emergency
action in the Federal Register (72 FR 74207), closing the Northern and
Southern Temporary PSP Closure Areas from January 1, 2008 through
December 31, 2008. On June 25, 2008, NMFS received a request from the
FDA to revise and expand the Northern Temporary PSP Closure Area after
samples of shellfish off of the coast of Massachusetts tested positive
for the toxins (saxotoxins) that cause PSP. In response to the June
25th request, NMFS revised the January 1, 2008, closure to implement
modified boundaries of the Northern and Southern Temporary PSP Closure
Areas through an emergency action published in the Federal Register (73
FR 38340).
The FDA submitted a letter to NMFS on November 6, 2008, requesting
the termination of the recently expanded Northern Temporary PSP Closure
Area, and a continuation of the previously authorized closure. The FDA
has determined that adequate samples of shellfish from the modified
closure area, east of Nantucket Island, have tested well within safe
limits for the toxins (saxotoxins) that cause PSP. These toxins are
produced by the alga Alexandrium fundyense, which can form blooms
commonly referred to as red tides. The FDA now finds that the modified
portion of the Northern Temporary PSP Closure Area is safe for the
harvest of Atlantic surfclams, ocean quahogs, and scallops harvested
and shucked at sea for adductor muscles only. The FDA maintains its
determination that the harvest of whole and roe-on scallops is still
unsafe from this area. This action terminates the closure published on
July 7, 2008, and reinstates the closure as published on December 31,
2007.
This notice is issued pursuant to section 305(c)(3)(D) of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), 16 U.S.C. 1855(c). That section states that any emergency
regulation implemented under 305(c) ``may be terminated by the
Secretary at an earlier date by publication in the Federal Register of
a notice of termination.''
Authority: 16 U.S.C. 1801 et seq.
Dated: November 17, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8-27749 Filed 11-18-08; 4:15 pm]
BILLING CODE 3510-22-S
