[Federal Register Volume 75, Number 230 (Wednesday, December 1, 2010)]
[Rules and Regulations]
[Pages 74648-74650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30232]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100510220-0581-04]
RIN 0648-AY90
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Emergency Fisheries Closure in the Gulf of Mexico Due to the Deepwater
Horizon MC252 Oil Spill; Amendment 3
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary emergency rule; amendment; request for comments.
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SUMMARY: NMFS issues this temporary rule to revise the existing
procedures for closing and reopening areas of the Gulf of Mexico (Gulf)
exclusive economic zone (EEZ) for the royal red component of the Gulf
shrimp fishery in response to a fishery interaction of the Gulf shrimp
fishery with oil or oil byproducts from the Deepwater Horizon MC252 oil
spill. The revisions to the procedures for closing and reopening allow
for timely adjustment to the spatial and temporal scale of closed areas
to fishing for royal red shrimp in response to new information
regarding a fishery interaction with the Gulf shrimp fishery with sub-
surface oil and oil byproducts. To facilitate timely notice to the
public of such closures, the closed portions of Federal waters will be
updated on a regular basis and announced to the public via NOAA Weather
Radio, Fishery Bulletin, and NOAA Web site updates, or the public may
obtain the information by calling the Deepwater MC252 Oil Spill Hotline
at 800-627-6622. The action being taken pursuant to this temporary rule
is to prohibit royal red shrimp fishing in a specific area of the Gulf
in response to a known interaction of this component of the shrimp
fishery with sub-surface oil and oil byproducts. This temporary rule
would remain in effect for 10 days, unless superseded by subsequent
rulemaking. The intended effect of this temporary rule is to promote
seafood safety and consumer confidence in seafood products.
DATES: This rule is effective November 26, 2010 through December 4,
2010, unless superseded by subsequent rulemaking. Comments may be
submitted by December 24, 2010.
ADDRESSES: You may submit comments on this rule, identified by ``0648-
AY90'' by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal: http://www.regulations.gov.
Fax: 727-824-5308; Attention: Anik Clemens.
Mail: Anik Clemens, Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL 33701.
Instructions: No comments will be posted for public viewing until
after the comment period. All comments received are a part of the
public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying
Information (for example, name, address, etc.) voluntarily submitted by
the commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, enter ``NOAA-NMFS-2010-0244'' in the keyword
search, then select ``Send a Comment or Submission.'' NMFS will accept
anonymous comments (enter N/A in the required fields, if you wish to
remain anonymous). You may submit attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
Copies of the environmental assessment, signed on June 17, 2010,
may be obtained from Susan Gerhart, Southeast Regional Office, NMFS,
263 13th Avenue South, St. Petersburg, FL 33701-5505; telephone: 727-
824-5305; e-mail: [email protected].
FOR FURTHER INFORMATION CONTACT: Anik Clemens, telephone: 727-824-5305,
fax: 727-824-5308; e-mail: [email protected].
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) provides the legal authority
for the promulgation of emergency regulations under section 305(c).
Background
NMFS responded to the April 20, 2010 Deepwater Horizon MC252 oil
spill by closing a portion of the Gulf EEZ to all fishing through an
emergency rule effective May 2, 2010 (75 FR 24822, May 6, 2010). Oil
continued to leak from the Deepwater Horizon MC252 site and the spatial
and temporal location of the oil in the Gulf EEZ continued to change.
NMFS revised the closed area in a second emergency rule that became
[[Page 74649]]
effective May 7, 2010 (75 FR 26679, May 12, 2010). The dynamic
situation regarding the Deepwater Horizon MC252 oil spill required a
method to respond rapidly to changing conditions. Delaying the
announcement of the new fishery closed area could have led to the
possible harvest of adulterated seafood products. Therefore, NMFS
issued a third emergency rule, effective May 11, 2010 (75 FR 27217, May
14, 2010) that allowed NMFS to revise the closed area as needed (on a
daily or weekly basis) and announce the revised closed area via NOAA
Weather Radio, Fishery Bulletin, and NOAA Web site updates, without the
need to announce the new closure boundary coordinates in the Federal
Register.
Procedures for Closing and Reopening Areas Affected by the Oil Spill
The third emergency rule also identified a procedure for reopening
closed areas. Closed areas may be reopened if NMFS has determined that
oil from the Deepwater Horizon MC252 oil spill has never been in those
areas. Closed areas may also be reopened if NMFS has determined that
fish and other marine species within the closed area meet FDA standards
for public health and wholesomeness. The procedures did not
specifically address fishery interactions with sub-surface oil or oil
byproducts. This temporary rule revises the NMFS procedure by allowing
for timely adjustment of the spatial and temporal scale of closed areas
to fishing activities in response to new information regarding an
interaction of the Gulf shrimp fishery with sub-surface oil and oil
byproducts.
Need for This Temporary Rule
In response to this interaction, which occurred approximately 22
miles (35 km) from the Deepwater Horizon MC252 well head, NMFS is
taking temporary action to prohibit royal red shrimp fishing in a
specific area of the Gulf EEZ. The area of the Gulf EEZ currently
closed to all fishing would continue to remain in effect.
The public may obtain the updated boundary coordinates for the
fishery closed area by listening to NOAA Weather Radio, visiting
various NOAA Web sites, reading the e-mailed or posted Fishery
Bulletins, receiving a text message or a tweet that the closed area has
been revised, or by calling the Deepwater Horizon MC252 oil spill
hotline number (1-800-627-6622) to listen to a recorded message of the
updated boundary coordinates. To improve public outreach, the fishery
bulletins and the recorded messages are also available in Spanish and
Vietnamese.
This rulemaking informs the public of the boundary coordinates of
the current area closed to all fishing as well as the new area closed
to royal red shrimp fishing only. The current area closed to all
fishing related to the Deepwater Horizon MC252 oil spill, as of
November 15, 2010, is bounded by rhumb lines connecting, in order, the
following coordinates:
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Point North lat. West long.
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A............................... 29[deg]00' 88[deg]30'
B............................... 29[deg]00' 88[deg]00'
C............................... 28[deg]30' 88[deg]00'
D............................... 28[deg]30' 88[deg]30'
A............................... 29[deg]00' 88[deg]30'
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The area closed to royal red shrimp fishing only, as of 6 p.m.
Eastern Time, on November 24, 2010, is bounded by rhumb lines
connecting, in order, the following coordinates:
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Point North lat. West long.
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A...................................... 29[deg]30'................ LA State/EEZ boundary.
B...................................... 29[deg]30'................ 87[deg]30'
C...................................... 29[deg]00'................ 87[deg]30'
D...................................... 29[deg]00'................ 88[deg]30'
E...................................... 28[deg]30'................ 88[deg]30'
F...................................... 28[deg]30'................ 89[deg]00'
G...................................... LA State/EEZ boundary..... 89[deg]00'
From point G follow the state/EEZ
boundary back to point A.
A...................................... 29[deg]30'................ LA State/EEZ boundary.
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Pursuant to second 305(c) of the Magnuson-Stevens Act, this rule
will remain in effect for 10 days, unless superseded by subsequent
rulemaking.
Classification
This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(c).
This rulemaking is a ``significant regulatory action'' under
section 3(f) of Executive Order 12866. The Department of Commerce has
notified the Office of Management and Budget Office of Information and
Regulatory Affairs (OMB/OIRA) under section 6(a)(3)(D) of the Executive
Order, and OMB/OIRA agrees, that NOAA is promulgating this action in an
emergency situation and that normal Executive Order review is not
practicable at this time. For this reason, OMB/OIRA has not reviewed
this notice under EO 12866.
The Assistant Administrator for Fisheries, NOAA (AA), finds good
cause under 5 U.S.C. 553(b)(B) to waive prior notice and the
opportunity for public comment. Prior notice and the opportunity for
public comment would be impracticable and contrary to the public
interest, as delaying this action is a seafood safety concern and could
result in compromised seafood products reaching the public. This action
allows NMFS to close and reopen areas of the Gulf, as needed, in
response to new information regarding the royal red shrimp component of
the Gulf shrimp fishery with sub-surface oil and oil byproducts. This
rule closes an area of the Gulf EEZ to royal red shrimp fishing in
response to an interaction with the Gulf shrimp fishery and sub-surface
oil and oil byproducts that occurred approximately 22 miles (35 km)
from the Deepwater Horizon MC252 well head. The intent of this action
is to prevent the harvest of adulterated seafood products. A timely
response is needed to ensure seafood safety and consumer confidence in
seafood products.
For the reasons stated above, the AA also finds good cause to waive
the 30-day delay in effective date of this rule under 5 U.S.C.
553(d)(3).
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553 or any other law, the analytical
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.
are inapplicable.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
[[Page 74650]]
Dated: November 24, 2010.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 622 is amended as
follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.34, paragraph (n) is removed and reserved and paragraph
(o) is added to read as follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(o) Gulf EEZ area closure related to Deepwater Horizon oil spill.
Effective November 26, 2010, fishing is prohibited in the portion of
the Gulf EEZ, and for the fishery components identified, in the map
shown on the NMFS Web site: http://sero.nmfs.noaa.gov/deepwater_horizon_oil_spill.htm.
* * * * *
[FR Doc. 2010-30232 Filed 11-26-10; 4:15 pm]
BILLING CODE 3510-22-P