[Federal Register Volume 78, Number 106 (Monday, June 3, 2013)]
[Notices]
[Pages 33067-33068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13112]


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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.

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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]
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