[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Notices]
[Pages 73554-73555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29122]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD604


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Paralytic Shellfish Poisoning Closed Areas Expiring

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

ACTION: Notice; reopening of paralytic shellfish poisoning closed 
areas.

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SUMMARY: Based on request from the U.S. Food and Drug Administration, 
NMFS is not going to renew the paralytic shellfish poisoning closed 
areas referred to as the Northern and Southern Temporary Paralytic 
Shellfish Poisoning Closed Areas for another year. The areas have not 
been subject to a toxic algal bloom for several years, and recent 
testing of gastropods and whole/roe-on scallops has demonstrated toxin 
levels well below those known to cause human illness.

DATES: The Northern and Southern Temporary Paralytic Shellfish 
Poisoning Closures will expire on December 31, 2014.

FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fishery Management 
Specialist, (978) 281-9177.

SUPPLEMENTARY INFORMATION:

Background

    On June 10, 2005, the U.S. Food and Drug Administration (FDA) 
requested that NMFS close an area of Federal waters off the coasts of 
New Hampshire and Massachusetts (50 CFR 648.14(a)(10)(iii) and (iv)) 
for bivalve harvesting due to the presence of toxins that cause 
Paralytic Shellfish Poisoning (PSP). These toxins can accumulate in 
filter-feeding shellfish, and consumption of contaminated shellfish can 
cause illness or death.
    These closures were first implemented in 2005 (70 FR 35047) and 
were subsequently modified a number of times from 2005-2008, with the 
remaining closure subsequently extended from 2008 until 2013. Beginning 
in 2014, the closures also included a prohibition on the harvest of 
gastropods (78 FR 78783). Also in 2014, the Northern closure was lifted 
for bivalve harvesting with the exception of whole/roe on scallops (79 
FR 59150), leaving the area closed to gastropod and whole/roe-on 
scallop harvesting through December 31, 2014, unless otherwise 
continued.
    Recently, NMFS, the FDA, the Massachusetts Division of Marine 
Fisheries (DMF) and the fishing industry investigated whether the 
closures are still warranted. The fishing industry collected gastropod 
and scallop samples from the areas during the summer of 2014. The FDA 
conducted laboratory testing of the samples collected, which 
demonstrated toxin levels well below those known to cause human 
illness. As a result, on October 8, 2014, the FDA sent NMFS a letter 
requesting that we not renew the Northern and Southern Temporary PSP 
Closures for 2015. NMFS has been renewing these closures annually under 
emergency authority at the request of the FDA. The current closures are 
set to expire on December 31, 2014, and because the FDA has requested 
we not renew the closures, they will expire at the end of December, 
resulting in the areas being open beginning January 1, 2015.
    This notice is to inform the public that the areas referred to as 
the Northern and Temporary PSP Closed Areas will be reopened beginning 
January 1, 2015 for gastropod and whole/roe-on scallop harvesting. This 
includes the fisheries for whelk, conch, snails and whole or roe-on 
scallop harvesting. Scallop harvesting of the abductor muscle is 
already permitted in the area, and is not affected by this reopening. 
Given that the Northern closure was recently lifted for other bivalves, 
this will remove these closures in their entirety.
    The FDA has an agreement with the Commonwealth of Massachusetts to 
conduct PSP monitoring of bivalves from the area in accordance with 
currently accepted PSP testing procedures. The bivalve testing will 
serve as an indicator for all molluscan shellfish and gastropods. DMF 
is testing the reopened waters, and if the results yield samples that 
exceed the threshold for public safety, DMF will inform us to that 
effect, and we would work with the FDA to reinstate the closure, as 
necessary.
    The areas defined at 50 CFR 648.81(h)(1)(i), (iv), and (vi) 
referred to as the Western Gulf of Maine Habitat Closure Area, Closed 
Area I-North Habitat Closure Area, and Nantucket Lightship Habitat 
Closed Area respectively, overlap with the area that would be reopened. 
These overlapping closures areas remain closed to bottom tending mobile 
gear including scallop dredge gear, otter trawls, hydraulic clam dredge 
gear and any other bottom tending mobile gear types.
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[GRAPHIC] [TIFF OMITTED] TN11DE14.032

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    This notification does not impose any legal obligations, 
requirements, or expectation.

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

    Dated: December 4, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2014-29122 Filed 12-10-14; 8:45 am]
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