[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Rules and Regulations]
[Pages 3601-3602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2043]
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[[Page 3602]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 620
[Docket No. 9601-26016-6016-01; I.D. 012696C]
RIN 0648-XX41
General Provisions for Domestic Fisheries; Closes Block Island
Sound to All Fishing
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency interim rule.
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SUMMARY: NMFS has determined that, in order to protect public health ,
safety, and welfare, it is necessary to close a portion of Federal
waters in Block Island Sound off the coast of the State of Rhode
Island, to all fishing. Closure of this area is made at the request of
the State of Rhode Island. The closure will be in effect for a period
of 90 days beginning on the effective date of this rule, unless
conditions allow NMFS to terminate it sooner. This closure is
implemented due to the adverse environmental conditions created by the
recent grounding of an oil barge, and subsequent oil spill. This action
will prevent fishermen from harvesting fish which may be contaminated.
EFFECTIVE DATE: January 26, 1996 through May 1, 1996.
FOR FURTHER INFORMATION CONTACT:
Regina L. Spallone at (508) 281-9221.
SUPPLEMENTARY INFORMATION: This emergency action is taken in response
to the January 19, 1996, grounding of an oil barge, and subsequent
spill of more than 700,000 gallons (2.6 million L.) of fuel oil into
the waters of Block Island Sound. The closed area is defined as Federal
waters of Block Island Sound bounded as follows: From the point where
LORAN line 25740 intersects with the 3 nautical mile line south of
Easton Point, RI, proceeding southwesterly along the 25740 line to its
intersection with the 43870 line, thence southwesterly along the 43870
line to the intersection of the 3 nautical mile line east of Block
Island, RI, thence northwesterly along said 3 nautical mile line to the
intersection of the 14540 line, thence northwesterly along the 14540
line to the intersection of the 3 nautical mile line, thence
northeasterly along the 3 nautical mile line to the starting point.
Vessels fishing outside of this area may pass through the closed area,
provided that all fishing gear is stowed and unavailable for immediate
use in accordance with 50 CFR sections 625.24(f), 650.21(a)(2)(iii),
and 651.20(c)(4)(i).
The complete extent of the ecological damage due to the spill is
not known at this time. Oil exposure has been shown to be lethal to
marine life, and can accumulate and linger in the food chain. The
purpose of this action is to prevent vessels from harvesting
contaminated fish from the area of the spill in the interest of public
health. The emergency nature of the adverse environmental condition
created by the presence of oil in the area renders prior notice and
opportunity to comment on a proposed closure contrary to the public
interest. Consequently, the emergency action authority vested in the
Secretary of Commerce under section 305(c) of the Magnuson Fishery
Conservation and Management Act, 16 U.S.C. 1855(c) is invoked to make
the closure effective immediately.
The closure prohibits all fishing in the area beginning on January
26, 1996, through April 29, 1996, unless circumstances exist that
permit earlier reopening of the area. The are may reopen earlier if
NMFS, in association with other State and Federal agencies, determines
that the environmental degradation of the marine environment
represented by the presence of the oil, and the consequential negative
impact on fishing operations, and risk to public health, safety, and
welfare has ended.
This action has the support of the State of Rhode Island, the U.S.
Food and Drug Administration, and U.S. Coast Guard. The New England
Fishery Management Council was informed of the planned action and made
no comment.
Classification
The Secretary finds for good cause that the reasons justifying
promulgation of this rule on an emergency basis also make it
impracticable and contrary to the public interest to provide notice and
opportunity for comment or to delay for 30 days the effective date of
these emergency regulations under the provisions of sections 553 (b)
and (d) of the Administrative Procedures Act.
List of Subjects in 50 CFR Part 620
Fisheries, Fishing.
Dated: January 26, 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 (i) is added to read as follows:
Sec. 620.7 General prohibitions.
* * * * *
(i) Fish in Federal waters of Block Island Sound bounded as
follows: From the point where LORAN line 25740 intersects with the 3
nautical mile line south of Easton Point, Rhode Island, proceeding
southwesterly along the 25740 line to its intersection with the 43870
line, thence, southwesterly along the 43870 line to the intersection of
the 3 nautical mile line east of Block Island, Rhode Island, thence
northwesterly along said 3 nautical mile line to the intersection of
the 14540 line, thence northwesterly along the 14540 line to the
intersection of the 3 nautical mile line, thence northeasterly along
the 3 nautical mile line to the starting point. Vessels fishing outside
of this area may pass through the closed area, provided that all
fishing gear is stowed and unavailable for immediate use in accordance
with the regulations cited in 50 CFR 625.24(f), 650.21(a)(1)(iii), and
651.20(c)(4)(i).
[FR Doc. 96-2043 Filed 1-29-96; 11:54 am]
BILLING CODE 3510-22-M
