[Federal Register Volume 61, Number 88 (Monday, May 6, 1996)]
[Rules and Regulations]
[Page 20175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11163]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 620

[Docket No. 960126016-6121-04; I.D. 042996F]


General Provisions for Domestic Fisheries; Extension 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; extension.

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SUMMARY: In response to a request from the State of Rhode Island, NMFS 
is extending 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. Fishing for and possession of 
lobsters in a small area east and north of Block Island will remain 
prohibited.

EFFECTIVE DATE: May 1, 1996, through July 23, 1996.

FOR FURTHER INFORMATION CONTACT: Daniel Morris, (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).
    The Federal closure has been twice amended, effective on March 13, 
1996 (61 FR 11164, March 19, 1996), and April 9, 1996 (61 FR 16401, 
April 15, 1996). The latter citation describes the current closure.
    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 the most recent round of inspection, evidence of oil adulteration 
was found in lobster samples taken from the closed Federal waters. 
Therefore, the closure to fishing for and possessing lobsters in a 
small area east and north of Block Island is extended by 90 days or 
until the testing protocol is satisfied.
    The New England Fishery Management Council (Council) has concurred 
in the extension of this emergency closure, so long as the extension 
complements the State's regulations and is implemented at the State's 
request.

Classification

    Extension of the emergency interim rule is intended to prevent oil-
adulterated lobsters from reaching consumers. Also, the extension does 
not change existing regulations. On these grounds, NMFS finds good 
cause to extend the emergency interim rule in accordance with section 
305(c)(3)(B) of the Magnuson Fishery Conservation and Management Act 
(Magnuson Act). It would be contrary to public interest to provide 
notice and opportunity for comment or to delay for 30 days the 
effective date of this action under authority at 5 U.S.C. 553(b)(B) and 
(d)(3).
    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 Act and other applicable 
law.
    This emergency rule extension has been determined to be not 
significant for the purposes of E.O. 12866.
    This emergency rule extension 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.

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

    Dated: April 30, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 96-11163 Filed 5-1-96; 10:02 am]
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