[Federal Register Volume 61, Number 73 (Monday, April 15, 1996)]
[Rules and Regulations]
[Page 16401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9198]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 620
[Docket No. 960126016-6105-03; I.D. 040896B]
General Provisions for Domestic Fisheries; Amendment 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; amendment.
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SUMMARY: In response to a request from the State of Rhode Island, NMFS
is amending further 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. This amendment allows all
legal fishing to resume with the exception of lobstering in a small
portion of the previously closed area.
EFFECTIVE DATE: April 9, 1996 through May 01, 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 (3.0 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).
On March 13, 1996, NMFS opened the entire area to fishing for and
landing 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 (73 square km)
the area in which fishing for and landing lobsters, clams, and crabs is
prohibited. The use of lobster traps, bottom trawl or dredge gear was
prohibited throughout the expanded closed area.
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 accordance with the protocol, State and Federal agencies have
been testing the water and marine life in and around the closed area
since the closure began. Seafood species have been subjected to
inspection by sensory experts and chemical analysis. Though all seafood
from the area has been determined to be safe for consumption, certain
lobsters from one particular sector still show some evidence of oil
adulteration. Therefore, NMFS, at the request of the State, is opening
all areas to all fishing with the exception of the one sector
(described below) where oil adulteration has been detected in lobsters.
This area remains closed to fishing for, or possessing or landing
American lobsters from the closed area.
Classification
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 Fishery Conservation and
Management Act and other applicable law.
Testing has determined that consumption of seafood from the
previously closed area does not pose a threat to human health.
Fishermen who operate in the area would suffer severe 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: April 9, 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, paragraphs (j) and (k) are removed, and paragraph
(i) is revised to read as follows:
Sec. 620.7 General prohibitions.
* * * * *
(i) Fish for American lobsters in, or possess or land American
lobsters from, the Federal waters of Block Island Sound bounded as
follows: From the point where LORAN line 14470 intersects with the 3-
nautical mile (6-km) line south of Point Judith, RI, proceeding south-
southeasterly to its intersection with the 43870 line, thence
southwesterly along the 43870 line to its intersection with the 3-
nautical mile (6-km) line east of Block Island, RI, thence northerly
and along said 3-nautical mile (6-km) line to the northern intersection
of the 3-nautical mile (6-km) line and the 14540 line, thence
northwesterly along the 14540 line to the intersection of the 3-
nautical mile (6-km) line, thence northeasterly along the 3-nautical
mile (6-km) line to the starting point.
[FR Doc. 96-9198 Filed 4-9-96; 4:51 pm]
BILLING CODE 3510-22-F
