[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Rules and Regulations]
[Pages 3601-3602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2043]



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[[Page 3602]]


DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 620

[Docket No. 9601-26016-6016-01; I.D. 012696C]
RIN 0648-XX41


General Provisions for Domestic Fisheries; Closes Block Island 
Sound to All Fishing

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

ACTION: Emergency interim rule.

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SUMMARY: NMFS has determined that, in order to protect public health , 
safety, and welfare, it is necessary to close a portion of Federal 
waters in Block Island Sound off the coast of the State of Rhode 
Island, to all fishing. Closure of this area is made at the request of 
the State of Rhode Island. The closure will be in effect for a period 
of 90 days beginning on the effective date of this rule, unless 
conditions allow NMFS to terminate it sooner. This closure is 
implemented due to the adverse environmental conditions created by the 
recent grounding of an oil barge, and subsequent oil spill. This action 
will prevent fishermen from harvesting fish which may be contaminated.

EFFECTIVE DATE: January 26, 1996 through May 1, 1996.

FOR FURTHER INFORMATION CONTACT:
Regina L. Spallone at (508) 281-9221.

SUPPLEMENTARY INFORMATION: This emergency action is taken in response 
to the January 19, 1996, grounding of an oil barge, and subsequent 
spill of more than 700,000 gallons (2.6 million L.) of fuel oil into 
the waters of Block Island Sound. The closed area is defined as Federal 
waters of Block Island Sound bounded as follows: From the point where 
LORAN line 25740 intersects with the 3 nautical mile line south of 
Easton Point, RI, proceeding southwesterly along the 25740 line to its 
intersection with the 43870 line, thence southwesterly along the 43870 
line to the intersection of the 3 nautical mile line east of Block 
Island, RI, thence northwesterly along said 3 nautical mile line to the 
intersection of the 14540 line, thence northwesterly along the 14540 
line to the intersection of the 3 nautical mile line, thence 
northeasterly along the 3 nautical mile line to the starting point. 
Vessels fishing outside of this area may pass through the closed area, 
provided that all fishing gear is stowed and unavailable for immediate 
use in accordance with 50 CFR sections 625.24(f), 650.21(a)(2)(iii), 
and 651.20(c)(4)(i).
    The complete extent of the ecological damage due to the spill is 
not known at this time. Oil exposure has been shown to be lethal to 
marine life, and can accumulate and linger in the food chain. The 
purpose of this action is to prevent vessels from harvesting 
contaminated fish from the area of the spill in the interest of public 
health. The emergency nature of the adverse environmental condition 
created by the presence of oil in the area renders prior notice and 
opportunity to comment on a proposed closure contrary to the public 
interest. Consequently, the emergency action authority vested in the 
Secretary of Commerce under section 305(c) of the Magnuson Fishery 
Conservation and Management Act, 16 U.S.C. 1855(c) is invoked to make 
the closure effective immediately.
    The closure prohibits all fishing in the area beginning on January 
26, 1996, through April 29, 1996, unless circumstances exist that 
permit earlier reopening of the area. The are may reopen earlier if 
NMFS, in association with other State and Federal agencies, determines 
that the environmental degradation of the marine environment 
represented by the presence of the oil, and the consequential negative 
impact on fishing operations, and risk to public health, safety, and 
welfare has ended.
    This action has the support of the State of Rhode Island, the U.S. 
Food and Drug Administration, and U.S. Coast Guard. The New England 
Fishery Management Council was informed of the planned action and made 
no comment.

Classification

    The Secretary finds for good cause that the reasons justifying 
promulgation of this rule on an emergency basis also make it 
impracticable and contrary to the public interest to provide notice and 
opportunity for comment or to delay for 30 days the effective date of 
these emergency regulations under the provisions of sections 553 (b) 
and (d) of the Administrative Procedures Act.

List of Subjects in 50 CFR Part 620

    Fisheries, Fishing.

    Dated: January 26, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 620 is amended 
as follows:

PART 620--GENERAL PROVISIONS FOR DOMESTIC FISHERIES

    1. The authority citation for part 620 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 620.7, paragraph (i) is added to read as follows:


Sec. 620.7  General prohibitions.

* * * * *
    (i) Fish in Federal waters of Block Island Sound bounded as 
follows: From the point where LORAN line 25740 intersects with the 3 
nautical mile line south of Easton Point, Rhode Island, proceeding 
southwesterly along the 25740 line to its intersection with the 43870 
line, thence, southwesterly along the 43870 line to the intersection of 
the 3 nautical mile line east of Block Island, Rhode Island, thence 
northwesterly along said 3 nautical mile line to the intersection of 
the 14540 line, thence northwesterly along the 14540 line to the 
intersection of the 3 nautical mile line, thence northeasterly along 
the 3 nautical mile line to the starting point. Vessels fishing outside 
of this area may pass through the closed area, provided that all 
fishing gear is stowed and unavailable for immediate use in accordance 
with the regulations cited in 50 CFR 625.24(f), 650.21(a)(1)(iii), and 
651.20(c)(4)(i).

[FR Doc. 96-2043 Filed 1-29-96; 11:54 am]
BILLING CODE 3510-22-M