[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33694-33695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16593]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 620
[Docket No. 960126016-6070-02; I.D. 062196D]
General Provisions for Domestic Fisheries; Withdrawal of
Emergency Fishing Closure in Block Island Sound
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Termination of an emergency interim rule.
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SUMMARY: NMFS terminates the emergency interim rule that closed a
portion of Federal waters off the coast of Rhode Island, in Block
Island Sound subsequent to an oil spill. Effective immediately, fishing
in the previously closed area may resume in accordance with all State
and federal regulations and Fishery Management Plans.
EFFECTIVE DATE: Effective June 25, 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 (3.03 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 kilometers(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).
Following the oil spill and the initial closure action, State
officials, in consultation with Federal agencies and the responsible
party, developed a protocol for amending and reopening fishery closures
in the affected area. The protocol set sampling, inspection, and
analysis standards, to ensure that seafood harvested from the area
would be wholesome and to provide the basis for amending and reopening
the fishery closures.
On March 13, 1996, based on the findings of seafood inspectors and
at the request of state officials, NMFS opened the entire area to
fishing for and landing of 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 (72.5 square km), the area in which fishing for and landing
lobsters, clams, and crabs is prohibited. Throughout the expanded
closed area the use of lobster traps, bottom trawl or dredge gear was
prohibited.
On April 9, 1996, the closure was amended further to allow all
fishing to resume, with the exception of lobstering in an area of
approximately 42 square miles (108.8 square km) to the east and north
of Block Island, RI. This action was published in the Federal Register
on April 15, 1996 (61 FR 16401).
On April 24, 1996, testing of lobsters from the portion of the
closed area in the exclusive economic zone (EEZ) determined that oil-
adulteration persisted in some of the samples. Therefore, the state
requested that the closure in the EEZ, which was due to expire on May
1, 1996, be extended. NMFS complied with the state's request and
extended the closure (61 FR 20175, May 6, 1996).
On June 3, 1996, at the request of the state and in response to
seafood inspection results, NMFS reduced the area in the EEZ in which
fishing for lobsters was prohibited (61 FR 27795, June 3, 1996). The
new closure area in the EEZ consisted of approximately 12 square miles
(31 square km) north and northeast of Block Island.
In accordance with the protocol for amending and reopening the
fishery closures, inspection and chemical analysis of the remaining
restricted species and closed areas have been conducted periodically.
During the most recent round of inspection, evidence of oil
adulteration was not discerned in any of the lobster samples.
Therefore, NMFS, at the request of the State of Rhode Island, by this
action, is terminating the interim emergency rule which prohibited
fishing for lobsters in a section of Block Island Sound.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that termination of the emergency interim rule is consistent
with the Magnuson Conservation and Management Act and other applicable
law.
[[Page 33695]]
Fishermen who operate in the area would suffer 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: June 24, 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 (m) is removed.
[FR Doc. 96-16593 Filed 6-25-96; 2:10 pm]
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