[Federal Register Volume 73, Number 226 (Friday, November 21, 2008)]
[Rules and Regulations]
[Page 70600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27749]
[[Page 70600]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No 080630803-8805-01]
RIN 0648-AW99
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Termination of
Expansion of Emergency Fishery Closure Due to the Presence of the Toxin
that Causes Paralytic Shellfish Poisoning
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of termination.
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SUMMARY: NMFS is announcing the termination of the revised and expanded
Northern Temporary Paralytic Shellfish Poison (PSP) Closure Area, which
became effective on July 2, 2008, and the return of the Northern and
Southern Temporary PSP Closure Areas to their boundaries, previously
implemented on January 1, 2008, and effective through December 31,
2008. Thus, the effect of this notice will be to partially reopen a
large area around Nantucket Island to the harvest of certain shellfish
species. Regulations governing fishery closures in response to public
health threats require concurrence with the Secretary of Health and
Human Services prior to any NMFS action on behalf of the Secretary of
Commerce (Secretary).
DATES: Effective November 18, 2008, to December 29, 2008.
ADDRESSES: Written inquiries may be sent to Patricia A. Kurkul,
National Marine Fisheries Service, Northeast Regional Office, 55 Great
Republic Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT: Timothy Cardiasmenos, Fishery Policy
Analyst, (978) 281-9204; fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: On December 31, 2007, at the request of the
U.S. Food and Drug Administration (FDA), NMFS published an emergency
action in the Federal Register (72 FR 74207), closing the Northern and
Southern Temporary PSP Closure Areas from January 1, 2008 through
December 31, 2008. On June 25, 2008, NMFS received a request from the
FDA to revise and expand the Northern Temporary PSP Closure Area after
samples of shellfish off of the coast of Massachusetts tested positive
for the toxins (saxotoxins) that cause PSP. In response to the June
25th request, NMFS revised the January 1, 2008, closure to implement
modified boundaries of the Northern and Southern Temporary PSP Closure
Areas through an emergency action published in the Federal Register (73
FR 38340).
The FDA submitted a letter to NMFS on November 6, 2008, requesting
the termination of the recently expanded Northern Temporary PSP Closure
Area, and a continuation of the previously authorized closure. The FDA
has determined that adequate samples of shellfish from the modified
closure area, east of Nantucket Island, have tested well within safe
limits for the toxins (saxotoxins) that cause PSP. These toxins are
produced by the alga Alexandrium fundyense, which can form blooms
commonly referred to as red tides. The FDA now finds that the modified
portion of the Northern Temporary PSP Closure Area is safe for the
harvest of Atlantic surfclams, ocean quahogs, and scallops harvested
and shucked at sea for adductor muscles only. The FDA maintains its
determination that the harvest of whole and roe-on scallops is still
unsafe from this area. This action terminates the closure published on
July 7, 2008, and reinstates the closure as published on December 31,
2007.
This notice is issued pursuant to section 305(c)(3)(D) of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), 16 U.S.C. 1855(c). That section states that any emergency
regulation implemented under 305(c) ``may be terminated by the
Secretary at an earlier date by publication in the Federal Register of
a notice of termination.''
Authority: 16 U.S.C. 1801 et seq.
Dated: November 17, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8-27749 Filed 11-18-08; 4:15 pm]
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