Fisheries of the United States; NOAA Fisheries Policy for Modifying Fisheries Closures in the Event of a Public Health Emergency or Oil Spill Characterized by Rapidly Changing Conditions, 33067-33068 [2013-13112]
Download as PDF
<![CDATA[
Federal Register / Vol. 78, No. 106 / Monday, June 3, 2013 / Notices
per week/weeks per year), time for
downtime, maintenance, repair, and
cleanup, and a typical or representative
product mix); and
(c) the quantity and value of your
firm’s(s’) exports to the United States of
Subject Merchandise and, if known, an
estimate of the percentage of total
exports to the United States of Subject
Merchandise from the Subject Country
accounted for by your firm’s(s’) exports.
(12) Identify significant changes, if
any, in the supply and demand
conditions or business cycle for the
Domestic Like Product that have
occurred in the United States or in the
market for the Subject Merchandise in
the Subject Country after 2007, and
significant changes, if any, that are
likely to occur within a reasonably
foreseeable time. Supply conditions to
consider include technology;
production methods; development
efforts; ability to increase production
(including the shift of production
facilities used for other products and the
use, cost, or availability of major inputs
into production); and factors related to
the ability to shift supply among
different national markets (including
barriers to importation in foreign
markets or changes in market demand
abroad). Demand conditions to consider
include end uses and applications; the
existence and availability of substitute
products; and the level of competition
among the Domestic Like Product
produced in the United States, Subject
Merchandise produced in the Subject
Country, and such merchandise from
other countries.
(13) (OPTIONAL) A statement of
whether you agree with the above
definitions of the Domestic Like Product
and Domestic Industry; if you disagree
with either or both of these definitions,
please explain why and provide
alternative definitions.
Authority: This review is being conducted
under authority of Title VII of the Tariff Act
of 1930; this notice is published pursuant to
section 207.61 of the Commission’s rules.
sroberts on DSK5SPTVN1PROD with NOTICES
Issued: May 29, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–13097 Filed 5–31–13; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Mar<15>2010
18:49 May 31, 2013
Jkt 229001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC097
Fisheries of the United States; NOAA
Fisheries Policy for Modifying
Fisheries Closures in the Event of a
Public Health Emergency or Oil Spill
Characterized by Rapidly Changing
Conditions
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for comments.
AGENCY:
NMFS issues this notice of
availability (NOA) to provide
background information and request
public comment on potential
adjustments to the draft policy.
DATES: Written comments must be
received on or before July 3, 2013.
ADDRESSES: You may submit comments
on this document, identified by NOAANMFS-2013-0081, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20130081, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Kimberly A. Marshall, National Marine
Fisheries Service, NOAA; 1315 EastWest Highway, Silver Spring, MD
20910.
• Fax 301–713–1193; Attn: Kimberly
A. Marshall
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT:
Kimberly A. Marshall, Fishery
SUMMARY:
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
33067
Management Specialist, National
Marine Fisheries Service, 301–427–
8556.
SUPPLEMENTARY INFORMATION:
Background
In light of experience gained during
the 2010 Deepwater Horizon oil spill in
the Gulf of Mexico, the NMFS has
developed guidance on modifying
fisheries closure areas and
communicating information regarding
those closures to the public during a
public health emergency or oil spill
characterized by rapidly changing
conditions.
Section 305(c) of the MagnusonStevens Fishery Conservation and
Management Act, 16 U.S.C. 1855(c)
(MSA), grants the Secretary of
Commerce authority to promulgate
emergency regulations to address a
public health emergency or oil spill.
Section 305(c)(3) states:
(3) Any emergency regulation or interim
measure which changes any existing fishery
management plan or amendment shall be
treated as an amendment to such plan for the
period in which such regulation is in effect.
Any emergency regulation or interim
measure promulgated under this
subsection—
(A) shall be published in the Federal
Register together with the reasons therefor;
(B) shall, except as provided in
subparagraph (C), remain in effect for not
more than 180 days after the date of
publication, and may be extended by
publication in the Federal Register for one
additional period of not more than 186 days,
provided the public has had an opportunity
to comment on the emergency regulation or
interim measure, and, in the case of a
Council recommendation for emergency
regulations or interim measures, the Council
is actively preparing a fishery management
plan, plan amendment, or proposed
regulations to address the emergency or
overfishing on a permanent basis;
(C) that responds to a public health
emergency or an oil spill may remain in
effect until the circumstances that created the
emergency no longer exist, Provided, That
the public has an opportunity to comment
after the regulation is published, and, in the
case of a public health emergency, the
Secretary of Health and Human Services
concurs with the Secretary’s action; and
(D) may be terminated by the Secretary at
an earlier date by publication in the Federal
Register of a notice of termination, except for
emergency regulations or interim measures
promulgated under paragraph (2) in which
case such early termination may be made
only upon the agreement of the Secretary and
the Council concerned.
Pursuant to this statutory
requirement, NMFS has historically
implemented emergency fishery
closures via emergency rules published
in the Federal Register that
communicate the exact location of the
E:\FR\FM\03JNN1.SGM
03JNN1
33068
Federal Register / Vol. 78, No. 106 / Monday, June 3, 2013 / Notices
closed area to the public, including
specific GPS coordinates. However, the
Deepwater Horizon incident
demonstrated that the rapidly changing
conditions created by an oil spill or
other public health emergency may
necessitate frequent modifications to
closed areas. In such cases, it may be
impossible to make, and provide public
notice about, timely modifications of the
closed areas by publishing additional
emergency rules in the Federal Register.
This policy addresses alternate means of
modifying emergency fisheries closures
and how best to provide sufficient
notice of those changes to the public.
sroberts on DSK5SPTVN1PROD with NOTICES
Objective
The purpose of this notice is to inform
the public that, in certain conditions,
NMFS may utilize methods other than
emergency or interim rulemaking to
modify fishery closures established due
to an oil spill or public health
emergency. The draft policy describes
these alternate methods and the
circumstances that necessitate their use
and offers guidance to the agency with
respect to providing adequate notice to
the public regarding fishery closure
modifications.
Authorities and Responsibilities for
Closing Areas to Fishing Activity
This policy establishes the following
authorities and responsibilities: In an
emergency situation that requires
closing areas to fishing, the Secretary of
Commerce, through NMFS, will
implement the closure by publishing an
emergency rule in the Federal Register
as required by section 305(c)(3) of the
MSA, 16 U.S.C. 1855(c). In the case of
a public health emergency, the Secretary
of Health and Human Services must
concur with the Secretary of
Commerce’s action. If NMFS anticipates
that, due to the nature of the emergency,
the affected area may change rapidly,
the emergency rule will also state the
specific procedures and
communications methods that will be
used to notify the public of any changes
to the fisheries closure area (see list
below for examples of communications
methods). The emergency closure rule
will invite public comment on the
agency’s action and remain in effect
until the circumstances that created the
emergency no longer exist and a ‘‘notice
of termination’’ has been published in
the Federal Register.
Modifications to Areas Closed to Fishing
Activity
If necessary, the agency will modify
the area closed to fishing based on the
current location and anticipated
movement of the contamination. Wind
VerDate Mar<15>2010
16:40 May 31, 2013
Jkt 229001
speed and direction, currents, waves,
and other weather patterns are typical
factors that may affect the location of
the contaminated area. Such
modifications will be made in
coordination with relevant local, state,
and federal authorities and the public
will be notified using the mechanisms
specified in the emergency rule
establishing the closure.
When revising fishery closures, NMFS
will strive to announce the revisions
with adequate lead time to allow
fishermen to come into compliance with
the revised closed area.
Means of Communication
NMFS will announce the coordinates
of the initial fisheries closure area and
any subsequent revised coordinates or
conditions of that closed area using
means that are most appropriate to
reach the affected public. These may
include, but are not limited to:
• NOAA Weather Radio
• Fishery bulletin
• News/Press Releases
• NOAA Web site updates
• Telephone hotline
• Email lists
• Twitter and text alerts
Re-opening a Closed Area and
Terminating the Emergency Situation
An area will be reopened when there
is no longer a risk of seafood
contamination or adulteration as a result
of the event that triggered the
emergency closure, or when it has been
determined that the circumstances that
created the emergency no longer exist
and the area is deemed safe. NMFS will
notify the public that the emergency
situation is over and that all closures are
terminated by publishing a ‘‘Notice of
Termination’’ in the Federal Register.
Public Comments
To help determine the scope of issues
to be addressed and to identify
significant issues related to this draft
policy, NMFS is soliciting written
comments on this NOA. The public is
encouraged to submit comments related
to the specific ideas mentioned in this
NOA, as well as any additional ideas
and solutions that could improve our
process for providing information and
updates pertaining to fishery closures in
the event of a public health emergency
or oil spill under rapidly changing
conditions.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 28, 2013.
Kara Meckley,
Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–13112 Filed 5–31–13; 8:45 am]
BILLING CODE 3510–22–P
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC712
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The New England Fishery
Management Council (Council) will
hold a 3-day meeting to consider actions
affecting New England fisheries in the
exclusive economic zone (EEZ).
DATES: The meeting will be held on
Tuesday, June 18 through Thursday,
June 20, 2013. The meeting will begin
at 9 a.m. on Tuesday, and at 8:30 a.m.
on both Wednesday and Thursday.
ADDRESSES: The meeting will be held at
the Holiday Inn by the Bay, 88 Spring
Street, Portland, ME 04101; telephone:
(207) 775.2311; fax: (207) 761.8224; or
online at www.innbythebay.com/
contact.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950;
telephone (978) 465–0492.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Tuesday, June 18, 2013
The Council will begin the first
session of its 3-day meeting by receiving
brief reports from the NEFMC Chairman
and Executive Director, NOAA Fisheries
Regional Administrator, the Northeast
Fisheries Science Center and MidAtlantic Fishery Management Council
liaisons, as well as NOAA General
Counsel, and representatives of the
Atlantic States Marine Fisheries
Commission, Coast Guard, and NOAA
Enforcement. During the Herring
Committee report which will follow, the
Council intends to initiate Framework
Adjustment 3 to the Atlantic Herring
Fishery Management Plan (FMP). The
report will include alternatives to
establish river herring/shad catch caps
for the Atlantic herring fishery, a review
of the available fishery information, a
summary of the May 23, 2013 Herring
PDT/Mackerel Monitoring Committee
Report, a summary the Mid-Atlantic
Fishery Management Council’s
development of river herring/shad catch
caps for the mackerel fishery, and any
E:\FR\FM\03JNN1.SGM
03JNN1
]]>Agencies
[Federal Register Volume 78, Number 106 (Monday, June 3, 2013)]
[Notices]
[Pages 33067-33068]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13112]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC097
Fisheries of the United States; NOAA Fisheries Policy for
Modifying Fisheries Closures in the Event of a Public Health Emergency
or Oil Spill Characterized by Rapidly Changing Conditions
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this notice of availability (NOA) to provide
background information and request public comment on potential
adjustments to the draft policy.
DATES: Written comments must be received on or before July 3, 2013.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2013-0081, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0081, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Kimberly A. Marshall,
National Marine Fisheries Service, NOAA; 1315 East-West Highway, Silver
Spring, MD 20910.
Fax 301-713-1193; Attn: Kimberly A. Marshall
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Kimberly A. Marshall, Fishery
Management Specialist, National Marine Fisheries Service, 301-427-8556.
SUPPLEMENTARY INFORMATION:
Background
In light of experience gained during the 2010 Deepwater Horizon oil
spill in the Gulf of Mexico, the NMFS has developed guidance on
modifying fisheries closure areas and communicating information
regarding those closures to the public during a public health emergency
or oil spill characterized by rapidly changing conditions.
Section 305(c) of the Magnuson-Stevens Fishery Conservation and
Management Act, 16 U.S.C. 1855(c) (MSA), grants the Secretary of
Commerce authority to promulgate emergency regulations to address a
public health emergency or oil spill. Section 305(c)(3) states:
(3) Any emergency regulation or interim measure which changes
any existing fishery management plan or amendment shall be treated
as an amendment to such plan for the period in which such regulation
is in effect. Any emergency regulation or interim measure
promulgated under this subsection--
(A) shall be published in the Federal Register together with the
reasons therefor;
(B) shall, except as provided in subparagraph (C), remain in
effect for not more than 180 days after the date of publication, and
may be extended by publication in the Federal Register for one
additional period of not more than 186 days, provided the public has
had an opportunity to comment on the emergency regulation or interim
measure, and, in the case of a Council recommendation for emergency
regulations or interim measures, the Council is actively preparing a
fishery management plan, plan amendment, or proposed regulations to
address the emergency or overfishing on a permanent basis;
(C) that responds to a public health emergency or an oil spill
may remain in effect until the circumstances that created the
emergency no longer exist, Provided, That the public has an
opportunity to comment after the regulation is published, and, in
the case of a public health emergency, the Secretary of Health and
Human Services concurs with the Secretary's action; and
(D) may be terminated by the Secretary at an earlier date by
publication in the Federal Register of a notice of termination,
except for emergency regulations or interim measures promulgated
under paragraph (2) in which case such early termination may be made
only upon the agreement of the Secretary and the Council concerned.
Pursuant to this statutory requirement, NMFS has historically
implemented emergency fishery closures via emergency rules published in
the Federal Register that communicate the exact location of the
[[Page 33068]]
closed area to the public, including specific GPS coordinates. However,
the Deepwater Horizon incident demonstrated that the rapidly changing
conditions created by an oil spill or other public health emergency may
necessitate frequent modifications to closed areas. In such cases, it
may be impossible to make, and provide public notice about, timely
modifications of the closed areas by publishing additional emergency
rules in the Federal Register. This policy addresses alternate means of
modifying emergency fisheries closures and how best to provide
sufficient notice of those changes to the public.
Objective
The purpose of this notice is to inform the public that, in certain
conditions, NMFS may utilize methods other than emergency or interim
rulemaking to modify fishery closures established due to an oil spill
or public health emergency. The draft policy describes these alternate
methods and the circumstances that necessitate their use and offers
guidance to the agency with respect to providing adequate notice to the
public regarding fishery closure modifications.
Authorities and Responsibilities for Closing Areas to Fishing Activity
This policy establishes the following authorities and
responsibilities: In an emergency situation that requires closing areas
to fishing, the Secretary of Commerce, through NMFS, will implement the
closure by publishing an emergency rule in the Federal Register as
required by section 305(c)(3) of the MSA, 16 U.S.C. 1855(c). In the
case of a public health emergency, the Secretary of Health and Human
Services must concur with the Secretary of Commerce's action. If NMFS
anticipates that, due to the nature of the emergency, the affected area
may change rapidly, the emergency rule will also state the specific
procedures and communications methods that will be used to notify the
public of any changes to the fisheries closure area (see list below for
examples of communications methods). The emergency closure rule will
invite public comment on the agency's action and remain in effect until
the circumstances that created the emergency no longer exist and a
``notice of termination'' has been published in the Federal Register.
Modifications to Areas Closed to Fishing Activity
If necessary, the agency will modify the area closed to fishing
based on the current location and anticipated movement of the
contamination. Wind speed and direction, currents, waves, and other
weather patterns are typical factors that may affect the location of
the contaminated area. Such modifications will be made in coordination
with relevant local, state, and federal authorities and the public will
be notified using the mechanisms specified in the emergency rule
establishing the closure.
When revising fishery closures, NMFS will strive to announce the
revisions with adequate lead time to allow fishermen to come into
compliance with the revised closed area.
Means of Communication
NMFS will announce the coordinates of the initial fisheries closure
area and any subsequent revised coordinates or conditions of that
closed area using means that are most appropriate to reach the affected
public. These may include, but are not limited to:
NOAA Weather Radio
Fishery bulletin
News/Press Releases
NOAA Web site updates
Telephone hotline
Email lists
Twitter and text alerts
Re-opening a Closed Area and Terminating the Emergency Situation
An area will be reopened when there is no longer a risk of seafood
contamination or adulteration as a result of the event that triggered
the emergency closure, or when it has been determined that the
circumstances that created the emergency no longer exist and the area
is deemed safe. NMFS will notify the public that the emergency
situation is over and that all closures are terminated by publishing a
``Notice of Termination'' in the Federal Register.
Public Comments
To help determine the scope of issues to be addressed and to
identify significant issues related to this draft policy, NMFS is
soliciting written comments on this NOA. The public is encouraged to
submit comments related to the specific ideas mentioned in this NOA, as
well as any additional ideas and solutions that could improve our
process for providing information and updates pertaining to fishery
closures in the event of a public health emergency or oil spill under
rapidly changing conditions.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 28, 2013.
Kara Meckley,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2013-13112 Filed 5-31-13; 8:45 am]
BILLING CODE 3510-22-P
