Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Extension of Emergency Fishery Closure Due to the Presence of the Toxin that Causes Paralytic Shellfish Poisoning (PSP), 72125-72127 [2011-30151]

Download as PDF Federal Register / Vol. 76, No. 225 / Tuesday, November 22, 2011 / Rules and Regulations Order FCC 11–123, published at 76 FR 59551, September 27, 2011, adopting final rules—containing information collection requirements—designed to improve assignment of telephone numbers associated with Internet-based Telecommunications Relay Service (iTRS). Specifically, the final rules, described below are designed to promote the use of geographically appropriate local numbers, while ensuring that the deaf and hard-ofhearing community has access to toll free telephone numbers that is equivalent to access enjoyed by the hearing community. Below are the new and revised information collection requirements contained in the Report and Order: A. Provision of Routing Information In addition to provisioning their registered users’ routing information to the TRS Numbering Directory and maintaining such information in the database, the VRS and IP relay providers must: (1) Remove from the Internetbased TRS Numbering Directory any toll free number that has not been transferred to a subscription with a toll free service provider and for which the user is the subscriber of record, and (2) ensure that the toll free number of a user that is associated with a geographically appropriate NANP number will be associated with the same Uniform Resource Identifier URI as that geographically appropriate NANP telephone number. B. User Notification In addition to the information that the Commission previously instructed VRS and IP Relay providers to include in the consumer advisories, VRS and IP Relay providers must also include certain additional information in their consumer advisories under the Report and Order. Specifically, the consumer advisories must explain: (1) The process by which a VRS or IP Relay user may acquire a toll free number from a toll free service provider, or transfer control of a toll free number from a VRS or IP Relay provider to the user; and (2) the process by which persons holding a toll free number may have that number linked to their ten-digit telephone number in the TRS Numbering Directory. erowe on DSK2VPTVN1PROD with RULES C. Transferring Toll Free Numbers VRS and IP Relay providers that have already assigned or provided a toll free number to a VRS or IP Relay user must, at the VRS or IP Relay user’s request, facilitate the transfer of the toll free number to a toll free subscription with VerDate Mar<15>2010 13:43 Nov 21, 2011 Jkt 226001 a toll free service provider that is under the direct control of the user. Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary, Office of Managing Director. [FR Doc. 2011–30119 Filed 11–21–11; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 050613158–5262–03] RIN 0648–BB59 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Extension of Emergency Fishery Closure Due to the Presence of the Toxin that Causes Paralytic Shellfish Poisoning (PSP) National Marine Fisheries Service, National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; emergency action; extension of effective period; request for comments. AGENCY: This temporary rule extends a closure of Federal waters. The U.S. Food and Drug Administration has determined that oceanographic conditions and alga sampling data suggest that the northern section of the Temporary Paralytic Shellfish Poison Closure Area remain closed to the harvest of bivalve molluscan shellfish, with the exception of sea scallop adductor muscles harvested and shucked at sea, and that the southern area remain closed to the harvest of whole or roe-on scallops. The regulations contained in the temporary rule, emergency action, first published in 2005, and have been subsequently extended several times at the request of the U.S. Food and Drug Administration. NMFS is publishing the regulatory text associated with this closure in this temporary emergency rule in order to ensure that current regulations accurately reflect the codified text that has been modified and extended numerous times, so that the public is aware of the regulations being extended. DATES: The amendments to § 648.14, in amendatory instruction 2, are effective from January 1, 2012, through December 31, 2012. The expiration date of the temporary emergency action published SUMMARY: PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 72125 on December 8, 2010 (75 FR 76315), is extended through December 31, 2012. Comments must be received by December 23, 2011. ADDRESSES: Copies of the Small Entity Compliance Guide, the emergency rule, the Environmental Assessment, and the Regulatory Impact Review prepared for the October 18, 2005, reinstatement of the September 9, 2005, emergency action and subsequent extensions of the emergency action, are available from Patricia A. Kurkul, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. These documents are also available via the Internet at https://www.nero.noaa.gov/ nero/hotnews/redtide/. You may submit comments, identified by RIN 0648–BB59, by any one of the following methods: • Mail: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, 55 Great Republic Drive, Gloucester, MA 01930–2298. Mark on the outside of the envelope, ‘‘Comments on PSP Closure.’’ • Fax: (978) 281–9135. • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal https://www. regulations.gov. Instructions: All comments received are 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. 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. FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fishery Management Specialist, phone: (978) 281–9177, fax: (978) 281–9135. SUPPLEMENTARY INFORMATION: Background On June 10, 2005, the U.S. Food and Drug Administration (FDA) requested that NMFS close an area of Federal waters off the coasts of New Hampshire and Massachusetts to fishing for bivalve shellfish intended for human consumption due to the presence in those waters of toxins (saxotoxins) that cause PSP. These toxins are produced by the alga Alexandrium fundyense, E:\FR\FM\22NOR1.SGM 22NOR1 72126 Federal Register / Vol. 76, No. 225 / Tuesday, November 22, 2011 / Rules and Regulations erowe on DSK2VPTVN1PROD with RULES which can form blooms commonly referred to as red tides. Red tide blooms, also known as harmful algal blooms (HABs), can produce toxins that accumulate in filter-feeding shellfish. Shellfish contaminated with the toxin, if eaten in large enough quantity, can cause illness or death from PSP. On June 16, 2005, NMFS published an emergency rule (70 FR 35047) closing the area recommended by the FDA (i.e., the Temporary PSP Closure Area). Since 2005, the closure has been extended several times and the area has been expanded and divided into northern and southern components. The Northern Temporary PSP Closure Area remained closed to the harvest of all bivalve molluscan shellfish, while the Southern Temporary PSP Closure Area was reopened to the harvest of Atlantic surfclams, ocean quahogs, and sea scallop adductor muscles harvested and shucked at sea. The current closure will expire on December 31, 2011, and this action extends this closure for one additional year, through December 31, 2012. The boundaries of the northern component of the Temporary PSP Closure Area comprise Federal waters bounded by the following coordinates specified in Table 1 below. Under this emergency rule, this area remains closed to the harvest of Atlantic surfclams, ocean quahogs, and whole or roe-on scallops. private laboratories. NOAA maintains a TABLE 2—COORDINATES FOR THE SOUTHERN TEMPORARY PSP CLO- Red Tide Information Center (https:// oceanservice.noaa.gov/redtide/), which SURE AREA—Continued Point Latitude Longitude 5 ................ 41° 39′ N 71° 00′ W 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). Pursuant to section 5 U.S.C. 553(b)(B) of the Administrative Procedure Act, the Assistant Administrator for Fisheries finds there is good cause to waive prior notice and an opportunity for public comment on this action as notice and comment would be impracticable and contrary to the public interest due to a public health emergency, and public comment has been solicited concurrently with each of the extensions of this action, as detailed and responded to below. In addition, under section 553(d)(3) there is good cause to waive the 30-day delay in effectiveness due to a public health emergency. The original emergency closure was in response to a public health emergency. Toxic algal blooms are responsible for the marine toxin that causes PSP in persons consuming affected shellfish. People have become seriously ill and some have died from consuming affected shellfish under similar circumstances. Pursuant to TABLE 1—COORDINATES FOR THE NORTHERN TEMPORARY PSP CLO- section 305(c)(3)(C) of the MagnusonStevens Act, the closure to the harvest SURE AREA of shellfish, as modified on September 9, 2005, and re-instated on October 18, Point Latitude Longitude 2005, may remain in effect until the circumstances that created the 1 ................ 43° 00′ N 71° 00′ W emergency no longer exist, provided the 2 ................ 43° 00′ N 69° 00′ W 3 ................ 41° 39′ N 69° 00′ W public has had an opportunity to 4 ................ 41° 39′ N 71° 00′ W comment after the regulation was 5 ................ 43° 00′ N 71° 00′ W published, and, in the case of a public health emergency, the Secretary of The boundaries of the southern Health and Human Services concurs component of the Temporary PSP with the Commerce Secretary’s action. Closure Area comprise Federal waters During the initial comment period, June bound by the following coordinates 16, 2005, through August 1, 2005, no specified in Table 2. Under this comments were received. Two emergency rule, the Southern comments have been received after the Temporary PSP Closure Area remains re-opening of the southern component closed only to the harvest of whole or of the Temporary PSP Closure Area on roe-on scallops. September 9, 2005. One commenter described the overall poor quality of TABLE 2—COORDINATES FOR THE water in Boston Harbor, but provided no SOUTHERN TEMPORARY PSP CLO- evidence to back these claims. The other SURE AREA commenter expressed reluctance to reopening a portion of the closure area Point Latitude Longitude without seeing the results of the FDA tests. Data used to make determinations 1 ................ 41° 39′ N 71° 00′W regarding closing and opening of areas 2 ................ 41° 39′ N 69° 00′ W to certain types of fishing activity are 3 ................ 40° 00′ N 69° 00′ W 4 ................ 40° 00′ N 71° 00′ W collected from Federal, state, and VerDate Mar<15>2010 13:43 Nov 21, 2011 Jkt 226001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 can be accessed directly or through the Web site listed in the ADDRESSES section. Information on test results, modeling of algal bloom movement, and general background on red tide can be accessed through this information center. While NMFS is the agency with the authority to promulgate the emergency regulations, it modified the regulations on September 9, 2005, at the request of the FDA, after the FDA determined that the results of its tests warranted such action. If necessary, the regulations may be terminated at an earlier date, pursuant to section 305(c)(3)(D) of the Magnuson-Stevens Act, by publication in the Federal Register of a notice of termination, or extended further to ensure the safety of human health. This emergency action is exempt from the procedures of the Regulatory Flexibility Act because the rule is issued without opportunity for prior notice and opportunity for public comment. This rule is not significant for the purposes of Executive Order 12866. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: November 17, 2011. Samuel D. Rauch III, 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: PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. 2. In § 648.14, paragraphs (a)(10)(iii) and (a)(10)(iv) are added to read as follows: ■ § 648.14 Prohibitions. (a) * * * (10) * * * (iii) 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, unless issued and possessing on board a Letter of Authorization (LOA) from the Regional Administrator authorizing the collection of shellfish for biological sampling and operating under the terms E:\FR\FM\22NOR1.SGM 22NOR1 Federal Register / Vol. 76, No. 225 / Tuesday, November 22, 2011 / Rules and Regulations erowe on DSK2VPTVN1PROD with RULES and conditions of said LOA, in the area of the U.S. Exclusive Economic Zone bound by the following coordinates in the order stated: (A) 43° 00′ N. lat., 71° 00′ W. long.; (B) 43° 00′ N. lat., 69° 00′ W. long.; (C) 41° 39′ N. lat., 69° 00′ W. long; (D) 41° 39′ N. lat., 71° 00′ W. long.; and then ending at the first point. (iv) Fish for, harvest, catch, possess, or attempt to fish for, harvest, catch, or VerDate Mar<15>2010 13:43 Nov 21, 2011 Jkt 226001 possess any sea scallops, except for sea scallops harvested only for adductor muscles and shucked at sea, unless issued and possessing on board a Letter of Authorization (LOA) from the Regional Administrator authorizing collection of shellfish for biological sampling and operating under the terms and conditions of said LOA, in the area of the U.S. Exclusive Economic Zone PO 00000 Frm 00047 Fmt 4700 Sfmt 9990 72127 bound by the following coordinates in the order stated: (A) 41° 39′ N. lat., 71° 00′ W. long.; (B) 41° 39′ N. lat., 69° 00′ W. long.; (C) 40° 00′ N. lat., 69° 00′ W. long.; (D) 40° 00′ N. lat., 71° 00′ W. long.; and then ending at the first point. * * * * * [FR Doc. 2011–30151 Filed 11–21–11; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\22NOR1.SGM 22NOR1

Agencies

[Federal Register Volume 76, Number 225 (Tuesday, November 22, 2011)]
[Rules and Regulations]
[Pages 72125-72127]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30151]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 050613158-5262-03]
RIN 0648-BB59


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Extension of 
Emergency Fishery Closure Due to the Presence of the Toxin that Causes 
Paralytic Shellfish Poisoning (PSP)

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; emergency action; extension of effective 
period; request for comments.

-----------------------------------------------------------------------

SUMMARY: This temporary rule extends a closure of Federal waters. The 
U.S. Food and Drug Administration has determined that oceanographic 
conditions and alga sampling data suggest that the northern section of 
the Temporary Paralytic Shellfish Poison Closure Area remain closed to 
the harvest of bivalve molluscan shellfish, with the exception of sea 
scallop adductor muscles harvested and shucked at sea, and that the 
southern area remain closed to the harvest of whole or roe-on scallops. 
The regulations contained in the temporary rule, emergency action, 
first published in 2005, and have been subsequently extended several 
times at the request of the U.S. Food and Drug Administration. NMFS is 
publishing the regulatory text associated with this closure in this 
temporary emergency rule in order to ensure that current regulations 
accurately reflect the codified text that has been modified and 
extended numerous times, so that the public is aware of the regulations 
being extended.

DATES: The amendments to Sec.  648.14, in amendatory instruction 2, are 
effective from January 1, 2012, through December 31, 2012. The 
expiration date of the temporary emergency action published on December 
8, 2010 (75 FR 76315), is extended through December 31, 2012. Comments 
must be received by December 23, 2011.

ADDRESSES: Copies of the Small Entity Compliance Guide, the emergency 
rule, the Environmental Assessment, and the Regulatory Impact Review 
prepared for the October 18, 2005, reinstatement of the September 9, 
2005, emergency action and subsequent extensions of the emergency 
action, are available from Patricia A. Kurkul, Regional Administrator, 
National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, 
MA 01930. These documents are also available via the Internet at https://www.nero.noaa.gov/nero/hotnews/redtide/.
    You may submit comments, identified by RIN 0648-BB59, by any one of 
the following methods:
     Mail: Patricia A. Kurkul, Regional Administrator, 
Northeast Region, NMFS, 55 Great Republic Drive, Gloucester, MA 01930-
2298. Mark on the outside of the envelope, ``Comments on PSP Closure.''
     Fax: (978) 281-9135.
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal https://www.regulations.gov.
    Instructions: All comments received are 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.
    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.

FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fishery Management 
Specialist, phone: (978) 281-9177, fax: (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    On June 10, 2005, the U.S. Food and Drug Administration (FDA) 
requested that NMFS close an area of Federal waters off the coasts of 
New Hampshire and Massachusetts to fishing for bivalve shellfish 
intended for human consumption due to the presence in those waters of 
toxins (saxotoxins) that cause PSP. These toxins are produced by the 
alga Alexandrium fundyense,

[[Page 72126]]

which can form blooms commonly referred to as red tides. Red tide 
blooms, also known as harmful algal blooms (HABs), can produce toxins 
that accumulate in filter-feeding shellfish. Shellfish contaminated 
with the toxin, if eaten in large enough quantity, can cause illness or 
death from PSP.
    On June 16, 2005, NMFS published an emergency rule (70 FR 35047) 
closing the area recommended by the FDA (i.e., the Temporary PSP 
Closure Area). Since 2005, the closure has been extended several times 
and the area has been expanded and divided into northern and southern 
components. The Northern Temporary PSP Closure Area remained closed to 
the harvest of all bivalve molluscan shellfish, while the Southern 
Temporary PSP Closure Area was reopened to the harvest of Atlantic 
surfclams, ocean quahogs, and sea scallop adductor muscles harvested 
and shucked at sea. The current closure will expire on December 31, 
2011, and this action extends this closure for one additional year, 
through December 31, 2012.
    The boundaries of the northern component of the Temporary PSP 
Closure Area comprise Federal waters bounded by the following 
coordinates specified in Table 1 below. Under this emergency rule, this 
area remains closed to the harvest of Atlantic surfclams, ocean 
quahogs, and whole or roe-on scallops.

    Table 1--Coordinates for the Northern Temporary PSP Closure Area
------------------------------------------------------------------------
                 Point                      Latitude        Longitude
------------------------------------------------------------------------
1.....................................   43[deg] 00' N    71[deg] 00' W
2.....................................   43[deg] 00' N    69[deg] 00' W
3.....................................   41[deg] 39' N    69[deg] 00' W
4.....................................   41[deg] 39' N    71[deg] 00' W
5.....................................   43[deg] 00' N    71[deg] 00' W
------------------------------------------------------------------------

    The boundaries of the southern component of the Temporary PSP 
Closure Area comprise Federal waters bound by the following coordinates 
specified in Table 2. Under this emergency rule, the Southern Temporary 
PSP Closure Area remains closed only to the harvest of whole or roe-on 
scallops.

    Table 2--Coordinates for the Southern Temporary PSP Closure Area
------------------------------------------------------------------------
                 Point                      Latitude        Longitude
------------------------------------------------------------------------
1.....................................   41[deg] 39' N     71[deg] 00'W
2.....................................   41[deg] 39' N    69[deg] 00' W
3.....................................   40[deg] 00' N    69[deg] 00' W
4.....................................   40[deg] 00' N    71[deg] 00' W
5.....................................   41[deg] 39' N    71[deg] 00' W
------------------------------------------------------------------------

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). Pursuant to section 5 U.S.C. 553(b)(B) of the 
Administrative Procedure Act, the Assistant Administrator for Fisheries 
finds there is good cause to waive prior notice and an opportunity for 
public comment on this action as notice and comment would be 
impracticable and contrary to the public interest due to a public 
health emergency, and public comment has been solicited concurrently 
with each of the extensions of this action, as detailed and responded 
to below. In addition, under section 553(d)(3) there is good cause to 
waive the 30-day delay in effectiveness due to a public health 
emergency. The original emergency closure was in response to a public 
health emergency. Toxic algal blooms are responsible for the marine 
toxin that causes PSP in persons consuming affected shellfish. People 
have become seriously ill and some have died from consuming affected 
shellfish under similar circumstances. Pursuant to section 305(c)(3)(C) 
of the Magnuson-Stevens Act, the closure to the harvest of shellfish, 
as modified on September 9, 2005, and re-instated on October 18, 2005, 
may remain in effect until the circumstances that created the emergency 
no longer exist, provided the public has had an opportunity to comment 
after the regulation was published, and, in the case of a public health 
emergency, the Secretary of Health and Human Services concurs with the 
Commerce Secretary's action. During the initial comment period, June 
16, 2005, through August 1, 2005, no comments were received. Two 
comments have been received after the re-opening of the southern 
component of the Temporary PSP Closure Area on September 9, 2005. One 
commenter described the overall poor quality of water in Boston Harbor, 
but provided no evidence to back these claims. The other commenter 
expressed reluctance to re-opening a portion of the closure area 
without seeing the results of the FDA tests. Data used to make 
determinations regarding closing and opening of areas to certain types 
of fishing activity are collected from Federal, state, and private 
laboratories. NOAA maintains a Red Tide Information Center (https://oceanservice.noaa.gov/redtide/), which can be accessed directly or 
through the Web site listed in the ADDRESSES section. Information on 
test results, modeling of algal bloom movement, and general background 
on red tide can be accessed through this information center. While NMFS 
is the agency with the authority to promulgate the emergency 
regulations, it modified the regulations on September 9, 2005, at the 
request of the FDA, after the FDA determined that the results of its 
tests warranted such action. If necessary, the regulations may be 
terminated at an earlier date, pursuant to section 305(c)(3)(D) of the 
Magnuson-Stevens Act, by publication in the Federal Register of a 
notice of termination, or extended further to ensure the safety of 
human health.
    This emergency action is exempt from the procedures of the 
Regulatory Flexibility Act because the rule is issued without 
opportunity for prior notice and opportunity for public comment.
    This rule is not significant for the purposes of Executive Order 
12866.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: November 17, 2011.
Samuel D. Rauch III,
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:

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, paragraphs (a)(10)(iii) and (a)(10)(iv) are added 
to read as follows:


Sec.  648.14  Prohibitions.

    (a) * * *
    (10) * * *
    (iii) 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, unless 
issued and possessing on board a Letter of Authorization (LOA) from the 
Regional Administrator authorizing the collection of shellfish for 
biological sampling and operating under the terms

[[Page 72127]]

and conditions of said LOA, in the area of the U.S. Exclusive Economic 
Zone bound by the following coordinates in the order stated:
    (A) 43[deg] 00' N. lat., 71[deg] 00' W. long.;
    (B) 43[deg] 00' N. lat., 69[deg] 00' W. long.;
    (C) 41[deg] 39' N. lat., 69[deg] 00' W. long;
    (D) 41[deg] 39' N. lat., 71[deg] 00' W. long.; and then ending at 
the first point.
    (iv) Fish for, harvest, catch, possess, or attempt to fish for, 
harvest, catch, or possess any sea scallops, except for sea scallops 
harvested only for adductor muscles and shucked at sea, unless issued 
and possessing on board a Letter of Authorization (LOA) from the 
Regional Administrator authorizing collection of shellfish for 
biological sampling and operating under the terms and conditions of 
said LOA, in the area of the U.S. Exclusive Economic Zone bound by the 
following coordinates in the order stated:
    (A) 41[deg] 39' N. lat., 71[deg] 00' W. long.;
    (B) 41[deg] 39' N. lat., 69[deg] 00' W. long.;
    (C) 40[deg] 00' N. lat., 69[deg] 00' W. long.;
    (D) 40[deg] 00' N. lat., 71[deg] 00' W. long.; and then ending at 
the first point.
* * * * *
[FR Doc. 2011-30151 Filed 11-21-11; 8:45 am]
BILLING CODE 3510-22-P