Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Emergency Fisheries Closure in the Gulf of Mexico Due to the Deepwater Horizon MC252 Oil Spill; Amendment 3, 74648-74650 [2010-30232]
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74648
Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations
which the vessel was lost, or for either
of the two subsequent licensing periods,
NMFS will consider the replacement
vessel to have the license application
approval status and history of the lost or
destroyed vessel for the purpose of
applying the prioritization criteria of
paragraph (k)(4) of this section,
provided that the ownership of the lost
or destroyed vessel and the ownership
of the replacement vessel, as determined
by the Regional Administrator, are
identical, and the replacement vessel
meets the requirements for licensing
under this subpart and the Act.
(n) Procedures for 2011–2012
licensing period. For the licensing
period that starts June 15, 2011, and for
that licensing period only, preapprovals may not be sought and will
not be issued by NMFS. NMFS will rank
order those applications received by
February 5, 2011, for the 2011–2012
licensing period by applying the criteria
in paragraphs (k)(4)(i) and (k)(4)(ii) of
this section, except that in lieu of using
the criteria in (k)(4)(i), first priority will
be given to applications for vessels that
as of February 5, 2011, have valid
licenses for the 2010–2011 licensing
period.
4. In § 300.45, paragraph (d) is revised
to read as follows:
■
§ 300.45
Vessel monitoring system.
*
*
*
*
*
(d) Hardware and software
specifications. The VMS unit installed
and carried on board a vessel to comply
with the requirements of this section
must consist of hardware and software
that is approved by the Administrator
and approved by NMFS. A current list
of hardware and software approved by
the Administrator may be obtained from
the Administrator. A current list of
hardware and software approved by
NMFS may be obtained from NMFS.
*
*
*
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*
[FR Doc. 2010–30240 Filed 11–30–10; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 100510220–0581–04]
RIN 0648–AY90
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic;
Emergency Fisheries Closure in the
Gulf of Mexico Due to the Deepwater
Horizon MC252 Oil Spill; Amendment 3
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary emergency rule;
amendment; request for comments.
AGENCY:
NMFS issues this temporary
rule to revise the existing procedures for
closing and reopening areas of the Gulf
of Mexico (Gulf) exclusive economic
zone (EEZ) for the royal red component
of the Gulf shrimp fishery in response
to a fishery interaction of the Gulf
shrimp fishery with oil or oil
byproducts from the Deepwater Horizon
MC252 oil spill. The revisions to the
procedures for closing and reopening
allow for timely adjustment to the
spatial and temporal scale of closed
areas to fishing for royal red shrimp in
response to new information regarding a
fishery interaction with the Gulf shrimp
fishery with sub-surface oil and oil
byproducts. To facilitate timely notice
to the public of such closures, the
closed portions of Federal waters will be
updated on a regular basis and
announced to the public via NOAA
Weather Radio, Fishery Bulletin, and
NOAA Web site updates, or the public
may obtain the information by calling
the Deepwater MC252 Oil Spill Hotline
at 800–627–6622. The action being
taken pursuant to this temporary rule is
to prohibit royal red shrimp fishing in
a specific area of the Gulf in response
to a known interaction of this
component of the shrimp fishery with
sub-surface oil and oil byproducts. This
temporary rule would remain in effect
for 10 days, unless superseded by
subsequent rulemaking. The intended
effect of this temporary rule is to
promote seafood safety and consumer
confidence in seafood products.
DATES: This rule is effective November
26, 2010 through December 4, 2010,
unless superseded by subsequent
rulemaking. Comments may be
submitted by December 24, 2010.
SUMMARY:
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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–2010–0244’’ 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, signed on June 17, 2010,
may be obtained from Susan Gerhart,
Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL
33701–5505; telephone: 727–824–5305;
e-mail: Susan.Gerhart@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Anik Clemens, telephone: 727–824–
5305, fax: 727–824–5308; e-mail:
anik.clemens@noaa.gov.
ADDRESSES:
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).
SUPPLEMENTARY INFORMATION:
Background
NMFS responded to the April 20,
2010 Deepwater Horizon MC252 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). Oil continued to leak from
the Deepwater Horizon MC252 site and
the spatial and temporal location of the
oil in the Gulf EEZ continued to change.
NMFS revised the closed area in a
second emergency rule that became
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74649
Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations
effective May 7, 2010 (75 FR 26679, May
12, 2010). The dynamic situation
regarding the Deepwater Horizon
MC252 oil spill required a method to
respond rapidly to changing conditions.
Delaying the announcement of the new
fishery closed area could have led to the
possible harvest of adulterated seafood
products. Therefore, NMFS issued a
third emergency rule, effective May 11,
2010 (75 FR 27217, May 14, 2010) that
allowed NMFS to revise the closed area
as needed (on a daily or weekly basis)
and announce the revised closed area
via NOAA Weather Radio, Fishery
Bulletin, and NOAA Web site updates,
without the need to announce the new
closure boundary coordinates in the
Federal Register.
Procedures for Closing and Reopening
Areas Affected by the Oil Spill
The third emergency rule also
identified a procedure for reopening
closed areas. Closed areas may be
reopened if NMFS has determined that
oil from the Deepwater Horizon MC252
oil spill has never been in those areas.
Closed areas may also be reopened if
NMFS has determined that fish and
other marine species within the closed
area meet FDA standards for public
health and wholesomeness. The
procedures did not specifically address
fishery interactions with sub-surface oil
or oil byproducts. This temporary rule
revises the NMFS procedure by
allowing for timely adjustment of the
spatial and temporal scale of closed
areas to fishing activities in response to
new information regarding an
interaction of the Gulf shrimp fishery
with sub-surface oil and oil byproducts.
Need for This Temporary Rule
In response to this interaction, which
occurred approximately 22 miles (35
km) from the Deepwater Horizon MC252
well head, NMFS is taking temporary
action to prohibit royal red shrimp
fishing in a specific area of the Gulf
EEZ. The area of the Gulf EEZ currently
closed to all fishing would continue to
remain in effect.
The public may obtain the updated
boundary coordinates for the fishery
closed area by listening to NOAA
Weather Radio, visiting various NOAA
Web sites, reading the e-mailed or
posted Fishery Bulletins, receiving a
text message or a tweet that the closed
area has been revised, or by calling the
Deepwater Horizon MC252 oil spill
hotline number (1–800–627–6622) to
listen to a recorded message of the
updated boundary coordinates. To
improve public outreach, the fishery
bulletins and the recorded messages are
also available in Spanish and
Vietnamese.
This rulemaking informs the public of
the boundary coordinates of the current
area closed to all fishing as well as the
new area closed to royal red shrimp
fishing only. The current area closed to
all fishing related to the Deepwater
Horizon MC252 oil spill, as of
November 15, 2010, is bounded by
rhumb lines connecting, in order, the
following coordinates:
Point
A
B
C
D
A
........................
........................
........................
........................
........................
North
lat.
29°00′
29°00′
28°30′
28°30′
29°00′
West
long.
88°30′
88°00′
88°00′
88°30′
88°30′
The area closed to royal red shrimp
fishing only, as of 6 p.m. Eastern Time,
on November 24, 2010, is bounded by
rhumb lines connecting, in order, the
following coordinates:
Point
North lat.
A ..........................................................................
B ..........................................................................
C ..........................................................................
D ..........................................................................
E ..........................................................................
F ..........................................................................
G ..........................................................................
From point G follow the state/EEZ boundary
back to point A.
A ..........................................................................
29°30′ ............................................................................................
29°30′ ............................................................................................
29°00′ ............................................................................................
29°00′ ............................................................................................
28°30′ ............................................................................................
28°30′ ............................................................................................
LA State/EEZ boundary ................................................................
LA State/EEZ boundary.
87°30′
87°30′
88°30′
88°30′
89°00′
89°00′
29°30′ ............................................................................................
LA State/EEZ boundary.
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Pursuant to second 305(c) of the
Magnuson-Stevens Act, this rule will
remain in effect for 10 days, unless
superseded by subsequent rulemaking.
Classification
This action is issued pursuant to
section 305(c) of the 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.
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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 the
opportunity for public comment would
be impracticable and contrary to the
public interest, as delaying this action is
a seafood safety concern and could
result in compromised seafood products
reaching the public. This action allows
NMFS to close and reopen areas of the
Gulf, as needed, in response to new
information regarding the royal red
shrimp component of the Gulf shrimp
fishery with sub-surface oil and oil
byproducts. This rule closes an area of
the Gulf EEZ to royal red shrimp fishing
in response to an interaction with the
Gulf shrimp fishery and sub-surface oil
and oil byproducts that occurred
approximately 22 miles (35 km) from
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West long.
the Deepwater Horizon MC252 well
head. The intent of this action is to
prevent the harvest of adulterated
seafood products. A timely response is
needed to ensure seafood safety and
consumer confidence in seafood
products.
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 in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
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74650
Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations
Dated: November 24, 2010.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
For the reasons set out in the
preamble, 50 CFR part 622 is 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 § 622.34, paragraph (n) is
removed and reserved and paragraph (o)
is added to read as follows:
■
§ 622.34 Gulf EEZ seasonal and/or area
closures.
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*
*
*
*
(o) Gulf EEZ area closure related to
Deepwater Horizon oil spill. Effective
November 26, 2010, fishing is
prohibited in the portion of the Gulf
EEZ, and for the fishery components
identified, in the map shown on the
NMFS Web site: https://
sero.nmfs.noaa.gov/
deepwater_horizon_oil_spill.htm.
*
*
*
*
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[FR Doc. 2010–30232 Filed 11–26–10; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 100806332–0573–02]
RIN 0648–BA02
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Gag
Grouper Management Measures
National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Final temporary rule.
AGENCY:
NMFS issues this final
temporary rule to implement interim
measures to reduce overfishing of gag in
the Gulf of Mexico (Gulf). This final rule
reduces the commercial quota for gag
and, thus, the combined commercial
quota for shallow-water grouper species
(SWG), prohibits recreational harvest of
gag, and suspends red grouper multi-use
allocation in the Gulf grouper and
tilefish individual fishing quota (IFQ)
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SUMMARY:
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program, as requested by the Gulf of
Mexico Fishery Management Council
(Council). The intended effect of this
final temporary rule is to reduce
overfishing of the gag resource in the
Gulf.
DATES: This rule is effective January 1,
2011 through May 31, 2011.
ADDRESSES: Copies of the final
regulatory flexibility analysis (FRFA)
may be obtained from Peter Hood,
Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL
33701.
FOR FURTHER INFORMATION CONTACT:
Peter Hood, telephone: 727–824–5305,
or e-mail: Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Gulf of Mexico is
managed under the fishery management
plan (FMP). The FMP was prepared by
the Council and is implemented through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
On October 18, 2010, NMFS
published the proposed temporary rule
and requested public comment (75 FR
63786).
This final temporary rule will reduce
the commercial quota for gag, reduce the
combined commercial SWG quota,
prohibit recreational harvest of gag, and
suspend red grouper multi-use
allocation in the Gulf grouper and
tilefish IFQ program. The purpose of
this final temporary rule is to reduce
overfishing of the gag resource in the
Gulf. No changes were made to this final
rule as a result of public comment.
Comments and Responses
The following is a summary of the
comments NMFS received on the
proposed rule and NMFS’ respective
responses. During the comment period,
NMFS received 55 comments on the
proposed rule.
Comment 1: A number of commenters
questioned the scientific basis used to
assess gag stocks and how scientific
information was applied to support
fishery management decisions. They
indicated the data NMFS used were
outdated, flawed, or anecdotal.
Response: Stock assessments are
conducted under the scientifically peerreviewed Southeast Data, Assessment,
and Review (SEDAR) process which was
initiated in 2002 to improve the quality
and reliability of fishery stock
assessments in the Gulf, South Atlantic,
and U.S. Caribbean. SEDAR seeks
improvements in the scientific quality
of stock assessments and supporting
information available to address existing
and emerging fishery management
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issues. This process emphasizes
constituent and stakeholder
participation in assessment
development, transparency in the
assessment process, and a rigorous and
independent scientific review of
completed stock assessments. SEDAR is
organized around 3 workshops. First,
the data workshop documents, analyzes,
and reviews datasets to be used for
assessment analyses. Second, the
assessment workshop develops and
refines quantitative population analyses
and estimates population parameters.
The final workshop is conducted by a
panel of independent experts who
review the data and the assessment and
recommend the most appropriate values
of critical population and management
quantities. The 2006 gag assessment and
2009 update assessment were both
conducted within this SEDAR process.
All workshops and Council-initiated
meetings to review the assessment were
open to the public and included
constituent participation on the various
SEDAR panels to ensure the
transparency of the data and how it was
applied in the assessments. In addition,
the Council’s Scientific and Statistical
Committee reviewed the assessment
results and made recommendations to
the Council about the adequacy of the
assessments and what level to set the
acceptable biological catch. The data
incorporated into the SEDAR
assessment is derived from both fisherydependent and fishery-independent
data. Examples of fishery-dependent
data include, but are not limited to:
Logbook data, trip tickets, dockside
sampling, dealer reports, and marine
recreational fishing statistical surveys
(MRFSS). Fishery-independent data
sources consist of data provided through
surveys and research conducted by
Federal, state, and academic
institutions. Furthermore, NOAA’s
Southeast Fisheries Science Center
reviews and certifies that the actions
contained in this rulemaking are based
on the best available scientific
information.
Comment 2: Several individuals
doubted that red tide could be
responsible for the 2005 mortality event
modeled in the gag update assessment.
Response: Red tide may have
contributed to the 2005 episodic
mortality event. In the 2009 update
assessment, 10 models were run that
varied different parameters within the
assessment. The model with the best fit
took into account decreases in indices of
abundance thought to have occurred
because of the red tide event
documented in 2005. Although the
model cannot show a direct link
between the red tide event and the
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]]>Agencies
[Federal Register Volume 75, Number 230 (Wednesday, December 1, 2010)]
[Rules and Regulations]
[Pages 74648-74650]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30232]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100510220-0581-04]
RIN 0648-AY90
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Emergency Fisheries Closure in the Gulf of Mexico Due to the Deepwater
Horizon MC252 Oil Spill; Amendment 3
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary emergency rule; amendment; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this temporary rule to revise the existing
procedures for closing and reopening areas of the Gulf of Mexico (Gulf)
exclusive economic zone (EEZ) for the royal red component of the Gulf
shrimp fishery in response to a fishery interaction of the Gulf shrimp
fishery with oil or oil byproducts from the Deepwater Horizon MC252 oil
spill. The revisions to the procedures for closing and reopening allow
for timely adjustment to the spatial and temporal scale of closed areas
to fishing for royal red shrimp in response to new information
regarding a fishery interaction with the Gulf shrimp fishery with sub-
surface oil and oil byproducts. To facilitate timely notice to the
public of such closures, the closed portions of Federal waters will be
updated on a regular basis and announced to the public via NOAA Weather
Radio, Fishery Bulletin, and NOAA Web site updates, or the public may
obtain the information by calling the Deepwater MC252 Oil Spill Hotline
at 800-627-6622. The action being taken pursuant to this temporary rule
is to prohibit royal red shrimp fishing in a specific area of the Gulf
in response to a known interaction of this component of the shrimp
fishery with sub-surface oil and oil byproducts. This temporary rule
would remain in effect for 10 days, unless superseded by subsequent
rulemaking. The intended effect of this temporary rule is to promote
seafood safety and consumer confidence in seafood products.
DATES: This rule is effective November 26, 2010 through December 4,
2010, unless superseded by subsequent rulemaking. Comments may be
submitted by December 24, 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-2010-0244'' 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, signed on June 17, 2010,
may be obtained from Susan Gerhart, Southeast Regional Office, NMFS,
263 13th Avenue South, St. Petersburg, FL 33701-5505; telephone: 727-
824-5305; e-mail: Susan.Gerhart@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 MC252 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). Oil
continued to leak from the Deepwater Horizon MC252 site and the spatial
and temporal location of the oil in the Gulf EEZ continued to change.
NMFS revised the closed area in a second emergency rule that became
[[Page 74649]]
effective May 7, 2010 (75 FR 26679, May 12, 2010). The dynamic
situation regarding the Deepwater Horizon MC252 oil spill required a
method to respond rapidly to changing conditions. Delaying the
announcement of the new fishery closed area could have led to the
possible harvest of adulterated seafood products. Therefore, NMFS
issued a third emergency rule, effective May 11, 2010 (75 FR 27217, May
14, 2010) that allowed NMFS to revise the closed area as needed (on a
daily or weekly basis) and announce the revised closed area via NOAA
Weather Radio, Fishery Bulletin, and NOAA Web site updates, without the
need to announce the new closure boundary coordinates in the Federal
Register.
Procedures for Closing and Reopening Areas Affected by the Oil Spill
The third emergency rule also identified a procedure for reopening
closed areas. Closed areas may be reopened if NMFS has determined that
oil from the Deepwater Horizon MC252 oil spill has never been in those
areas. Closed areas may also be reopened if NMFS has determined that
fish and other marine species within the closed area meet FDA standards
for public health and wholesomeness. The procedures did not
specifically address fishery interactions with sub-surface oil or oil
byproducts. This temporary rule revises the NMFS procedure by allowing
for timely adjustment of the spatial and temporal scale of closed areas
to fishing activities in response to new information regarding an
interaction of the Gulf shrimp fishery with sub-surface oil and oil
byproducts.
Need for This Temporary Rule
In response to this interaction, which occurred approximately 22
miles (35 km) from the Deepwater Horizon MC252 well head, NMFS is
taking temporary action to prohibit royal red shrimp fishing in a
specific area of the Gulf EEZ. The area of the Gulf EEZ currently
closed to all fishing would continue to remain in effect.
The public may obtain the updated boundary coordinates for the
fishery closed area by listening to NOAA Weather Radio, visiting
various NOAA Web sites, reading the e-mailed or posted Fishery
Bulletins, receiving a text message or a tweet that the closed area has
been revised, or by calling the Deepwater Horizon MC252 oil spill
hotline number (1-800-627-6622) to listen to a recorded message of the
updated boundary coordinates. To improve public outreach, the fishery
bulletins and the recorded messages are also available in Spanish and
Vietnamese.
This rulemaking informs the public of the boundary coordinates of
the current area closed to all fishing as well as the new area closed
to royal red shrimp fishing only. The current area closed to all
fishing related to the Deepwater Horizon MC252 oil spill, as of
November 15, 2010, is bounded by rhumb lines connecting, in order, the
following coordinates:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A............................... 29[deg]00' 88[deg]30'
B............................... 29[deg]00' 88[deg]00'
C............................... 28[deg]30' 88[deg]00'
D............................... 28[deg]30' 88[deg]30'
A............................... 29[deg]00' 88[deg]30'
------------------------------------------------------------------------
The area closed to royal red shrimp fishing only, as of 6 p.m.
Eastern Time, on November 24, 2010, is bounded by rhumb lines
connecting, in order, the following coordinates:
----------------------------------------------------------------------------------------------------------------
Point North lat. West long.
----------------------------------------------------------------------------------------------------------------
A...................................... 29[deg]30'................ LA State/EEZ boundary.
B...................................... 29[deg]30'................ 87[deg]30'
C...................................... 29[deg]00'................ 87[deg]30'
D...................................... 29[deg]00'................ 88[deg]30'
E...................................... 28[deg]30'................ 88[deg]30'
F...................................... 28[deg]30'................ 89[deg]00'
G...................................... LA State/EEZ boundary..... 89[deg]00'
From point G follow the state/EEZ
boundary back to point A.
A...................................... 29[deg]30'................ LA State/EEZ boundary.
----------------------------------------------------------------------------------------------------------------
Pursuant to second 305(c) of the Magnuson-Stevens Act, this rule
will remain in effect for 10 days, unless superseded by subsequent
rulemaking.
Classification
This action is issued pursuant to section 305(c) of the 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 the opportunity for
public comment would be impracticable and contrary to the public
interest, as delaying this action is a seafood safety concern and could
result in compromised seafood products reaching the public. This action
allows NMFS to close and reopen areas of the Gulf, as needed, in
response to new information regarding the royal red shrimp component of
the Gulf shrimp fishery with sub-surface oil and oil byproducts. This
rule closes an area of the Gulf EEZ to royal red shrimp fishing in
response to an interaction with the Gulf shrimp fishery and sub-surface
oil and oil byproducts that occurred approximately 22 miles (35 km)
from the Deepwater Horizon MC252 well head. The intent of this action
is to prevent the harvest of adulterated seafood products. A timely
response is needed to ensure seafood safety and consumer confidence in
seafood products.
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 in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
[[Page 74650]]
Dated: November 24, 2010.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 622 is 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. 622.34, paragraph (n) is removed and reserved and paragraph
(o) is added to read as follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(o) Gulf EEZ area closure related to Deepwater Horizon oil spill.
Effective November 26, 2010, fishing is prohibited in the portion of
the Gulf EEZ, and for the fishery components identified, in the map
shown on the NMFS Web site: https://sero.nmfs.noaa.gov/deepwater_horizon_oil_spill.htm.
* * * * *
[FR Doc. 2010-30232 Filed 11-26-10; 4:15 pm]
BILLING CODE 3510-22-P
