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, 27217-27219 [2010-11601]
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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations
Classification
This action is required by 50 CFR
300.223(d) and is exempt from review
under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), the
NMFS Assistant Administrator for
Fisheries finds good cause to waive the
requirement to provide prior notice and
an opportunity for public comment on
this action, as such procedures would
be unnecessary and contrary to the
public interest. Such procedures would
be unnecessary as NMFS provided prior
notice and an opportunity for public
comment on the regulations establishing
the criteria for implementing the catch
retention requirement (proposed rule
published at 74 FR 26160, June 1, 2009,
and final rule published at 74 FR 38544,
August 4, 2009), and all that remains is
to notify the public of the date of
applicability of the requirement. In
addition, prior notice and comment
would be contrary to the public interest
because it would unnecessarily delay
implementation of the catch retention
requirement, an international obligation
of the United States under the
Convention, after a determination that
there is a sufficient number of observers
for placement aboard purse seine
vessels of WCPFC members.
Authority: 16 U.S.C. 6901 et seq.
Dated: May 7, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2010–11348 Filed 5–13–10; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 622, 635, 640, and 654
[Docket No. 100510220–0221–01]
RIN 0648–AY90
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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.
SUMMARY: NMFS issues this emergency
rule to close portions of the Gulf of
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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: https://
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 https://
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: https://
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
PO 00000
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27217
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:
cynthia.meyer@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Anik Clemens, telephone: 727–824–
5305, fax: 727–824–5308, e-mail:
anik.clemens@noaa.gov.
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
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27218
Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations
emcdonald on DSK2BSOYB1PROD with RULES
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: https://
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 § 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).
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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 30day 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.
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
Dated: May 11, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
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
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.7, paragraph (jj) is added to
read as follows:
■
§ 622.7
Prohibitions.
*
*
*
*
*
(jj) Harvest a Caribbean spiny lobster,
effective May 11, 2010, in the portion of
the Caribbean EEZ designated in
§ 622.33(c), due to the Deepwater
Horizon oil spill.
■ 3. In § 622.33, paragraph (c) is added
to read as follows:
§ 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: https://
sero.nmfs.noaa.gov/
deepwater_horizon_oil_spill.htm.
■ 4. In § 622.34, paragraph (o) is
removed and reserved and paragraph (n)
is added to read as follows:
§ 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: https://sero.nmfs.noaa.gov/
deepwater_horizon_oil_spill.htm.
*
*
*
*
*
■ 5. In § 622.35, paragraph (m) is added
to read as follows:
§ 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: https://
sero.nmfs.noaa.gov/deepwater_horizon_
oil_spill.htm.
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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations
PART 635—ATLANTIC HIGHLY
MIGRATORY SPECIES
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
6. The authority citation for part 635
continues to read as follows:
■
50 CFR Part 648
Authority: 16 U.S.C. 1801 et seq.
[Docket No. 100105009–0167–02]
7. In § 635.21, paragraph (a)(4)(vi) is
removed and reserved and paragraph
(a)(4)(vii) is added to read as follows:
■
RIN 0648–AY51
§ 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
§§ 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
8. The authority citation for part 640
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
9. In § 640.7, paragraph (x) is added to
read as follows:
■
§ 640.7
Prohibitions.
*
*
*
*
*
(x) Harvest a spiny lobster, effective
May 11, 2010, in the portion of the Gulf
or South Atlantic EEZ designated in
§ 622.34(n) or § 622.35(m) of this
chapter, respectively, due to the
Deepwater Horizon oil spill.
PART 654—STONE CRAB FISHERY OF
THE GULF OF MEXICO
10. The authority citation for part 654
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
11. In § 654.7, paragraph (r) is
removed and reserved and paragraph(s)
is added to read as follows:
■
§ 654.7
Prohibitions.
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*
*
*
*
*
(s) Pull or tend a stone crab trap,
effective May 11, 2010, in the portion of
the Gulf EEZ designated in § 622.34(n)
of this chapter, due to the Deepwater
Horizon oil spill.
[FR Doc. 2010–11601 Filed 5–11–10; 4:15 pm]
BILLING CODE 3510–22–P
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Fisheries of the Northeastern United
States; Atlantic Deep-Sea Red Crab
Fisheries; 2010 Atlantic Deep-Sea Red
Crab Specifications
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: NMFS issues final
specifications for the 2010 Atlantic
deep-sea red crab fishery, including a
target total allowable catch (TAC) and a
fleet-wide days-at-sea (DAS) allocation.
The intent of this rulemaking is to
specify the target TAC and other
management measures in order to
manage the red crab resource for fishing
year (FY) 2010.
DATES: This rule is effective on June 14,
2010.
ADDRESSES: Copies of the specifications
document, including the Environmental
Assessment (EA) and the Initial
Regulatory Flexibility Analysis (IRFA)
are available from Paul Howard,
Executive Director, New England
Fishery Management Council, 50 Water
Street, Newburyport, MA 01950. The
specifications document is also
accessible via the Internet at https://
www.nefmc.org. NMFS prepared a Final
Regulatory Flexibility Analysis (FRFA),
which is contained in the Classification
section of this rule. The FRFA consists
of the IRFA, public comments and
responses contained in this final rule,
and a summary of impacts and
alternatives contained in this final rule.
The small entity compliance guide is
available from Patricia A. Kurkul,
Regional Administrator, Northeast
Regional Office, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930–2298, and
on the Northeast Regional Office’s
website at https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Moira Kelly, Fishery Policy Analyst,
(978) 281–9218.
SUPPLEMENTARY INFORMATION:
Background
The Red Crab FMP includes a
specification process that requires the
New England Fishery Management
Council (Council) to recommend, on a
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27219
triennial basis, a target TAC and a fleet
DAS allocation that is consistent with
that target TAC. In FY 2009, NMFS
published a temporary emergency rule
to modify the 2009 target TAC and fleet
DAS to be consistent with the
recommendations of the Data Poor
Stocks Working Group and Review
Panel (Working Group). The Working
Group recommended a reduction in the
maximum sustainable yield (MSY) to
3.75–4.19 million lb (1,700–1,900 mt).
In keeping with the FMP in setting the
target TAC at 95 percent of MSY, NMFS
implemented a target TAC of 3.56
million lb (1,615 mt), and reduced the
fleet DAS allocation from 780 DAS to
582 DAS. The fleet DAS allocation is
divided equally among the vessels
active in the fishery, which can vary
from year to year. For FY 2009, the
allocation was initially divided among
four vessels; however, NMFS allowed
one of the four vessels to opt out of the
fishery for the FY and reallocated the
fleet DAS to the remaining three vessels.
It is expected that four vessels will be
active in the red crab fishery in FY
2010. The Council has requested
waiving the 6–month notification
requirement for opting out of the red
crab fishery for FY 2010.
In September 2009, the Council’s
Scientific and Statistical Committee
(SSC) accepted the Working Group’s
recommendation that MSY for red crab
should be set within the range 3.75–4.19
million lb (1,700–1,900 mt), and
recommended that the interim
acceptable biological catch (ABC) be set
commensurate with recent catch. The
SSC determined recent catch to be the
amount of red crab landed in FY 2007,
which was 2.83 million lb (1,284 mt).
The landings in FY 2007 were the
lowest since the implementation of the
FMP in 2002. Despite the
recommendation from the SSC that the
target TAC not exceed an ABC of 2.83
million lb (1,284 mt), the Council
recommended a target TAC and fleet
DAS allocation equal to the 2009
emergency rule, 3.56 million lb (1,615
mt) and 582 DAS, respectively. The
Council based its target TAC on the
MSY advice from the Working Group,
rather than that recommended by the
SSC, because the Council considered
the advice of the Working Group to
provide an acceptably low risk of
avoiding overfishing. The Council
further requested the SSC to reconsider
its recommendation for red crab.
In response to this request from the
Council to reconsider its
recommendation, the SSC met on March
16–17, 2010, and determined that the
interim ABC for red crab should be
revised. The SSC has determined that
E:\FR\FM\14MYR1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Rules and Regulations]
[Pages 27217-27219]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11601]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://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 https://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: https://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: cynthia.meyer@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Anik Clemens, telephone: 727-824-5305,
fax: 727-824-5308, e-mail: anik.clemens@noaa.gov.
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: https://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: https://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: https://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: https://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]
BILLING CODE 3510-22-P
