[Federal Register Volume 61, Number 73 (Monday, April 15, 1996)]
[Rules and Regulations]
[Page 16401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9198]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 620

[Docket No. 960126016-6105-03; I.D. 040896B]


General Provisions for Domestic Fisheries; Amendment of Emergency 
Fishing Closure in Block Island Sound

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

ACTION: Emergency interim rule; amendment.

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SUMMARY: In response to a request from the State of Rhode Island, NMFS 
is amending further the emergency interim rule that closed a portion of 
Federal waters off the coast of the State of Rhode Island, in Block 
Island Sound subsequent to an oil spill. This amendment allows all 
legal fishing to resume with the exception of lobstering in a small 
portion of the previously closed area.

EFFECTIVE DATE: April 9, 1996 through May 01, 1996.

FOR FURTHER INFORMATION CONTACT: Daniel Morris at (508) 281-9388.

SUPPLEMENTARY INFORMATION: On January 19, 1996, an oil barge grounded 
and spilled more than 800,000 gallons (3.0 million liters) of heating 
oil into the waters of Block Island Sound, RI. On January 26, 1996, 
NMFS, at the request of and in conjunction with the State of Rhode 
Island, prohibited the harvest of seafood from an area of approximately 
250 square miles (647 square km) in Block Island Sound. The original 
area of closure was announced and defined in an emergency interim rule 
published in the Federal Register on February 1, 1996 (61 FR 3602).
    On March 13, 1996, NMFS opened the entire area to fishing for and 
landing finfish and squid by gear types other than bottom trawl gear. 
This same action, published in the Federal Register on March 19, 1996 
(61 FR 11164), expanded by approximately 28 square miles (73 square km) 
the area in which fishing for and landing lobsters, clams, and crabs is 
prohibited. The use of lobster traps, bottom trawl or dredge gear was 
prohibited throughout the expanded closed area.
    Following the oil spill, State officials, in consultation with 
Federal agencies and the responsible party, developed a protocol for 
reopening fisheries in the affected area. The protocol sets sampling, 
inspection, and analysis standards, which, if met, would ensure that 
seafood is wholesome and would provide a basis for reopening fisheries.
    In accordance with the protocol, State and Federal agencies have 
been testing the water and marine life in and around the closed area 
since the closure began. Seafood species have been subjected to 
inspection by sensory experts and chemical analysis. Though all seafood 
from the area has been determined to be safe for consumption, certain 
lobsters from one particular sector still show some evidence of oil 
adulteration. Therefore, NMFS, at the request of the State, is opening 
all areas to all fishing with the exception of the one sector 
(described below) where oil adulteration has been detected in lobsters. 
This area remains closed to fishing for, or possessing or landing 
American lobsters from the closed area.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this rule is necessary to respond to an emergency 
situation and is consistent with the Magnuson Fishery Conservation and 
Management Act and other applicable law.
    Testing has determined that consumption of seafood from the 
previously closed area does not pose a threat to human health. 
Fishermen who operate in the area would suffer severe economic hardship 
unnecessarily if the current prohibition were to remain in effect. 
Hence, the AA finds that the foregoing constitutes good cause to waive 
the requirement to provide prior notice and the opportunity for public 
comment, pursuant to authority set forth at 5 U.S.C. 553(b)(B), as such 
procedures would be contrary to the public interest. Further, as this 
provision relieves a restriction, it is made effective immediately 
pursuant to authority at 5 U.S.C. 553(d)(1).
    This emergency rule has been determined to be not significant for 
the purposes of E.O. 12866.
    This emergency rule is exempt from the procedures of the Regulatory 
Flexibility Act because this rule is not required to be issued with 
prior notice and opportunity for public comment.

List of Subjects in 50 CFR Part 620

    Fisheries, Fishing.

    Dated: April 9, 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, paragraphs (j) and (k) are removed, and paragraph 
(i) is revised to read as follows:


Sec. 620.7  General prohibitions.

* * * * *
    (i) Fish for American lobsters in, or possess or land American 
lobsters from, the Federal waters of Block Island Sound bounded as 
follows: From the point where LORAN line 14470 intersects with the 3-
nautical mile (6-km) line south of Point Judith, RI, proceeding south-
southeasterly to its intersection with the 43870 line, thence 
southwesterly along the 43870 line to its intersection with the 3-
nautical mile (6-km) line east of Block Island, RI, thence northerly 
and along said 3-nautical mile (6-km) line to the northern intersection 
of the 3-nautical mile (6-km) line and the 14540 line, thence 
northwesterly along the 14540 line to the intersection of the 3-
nautical mile (6-km) line, thence northeasterly along the 3-nautical 
mile (6-km) line to the starting point.
[FR Doc. 96-9198 Filed 4-9-96; 4:51 pm]
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