[Code of Federal Regulations]
[Title 50, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR648.73]

[Page 357-359]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES--Table of Contents
 
  Subpart E--Management Measures for the Atlantic Surf Clam and Ocean 
                            Quahog Fisheries
 
Sec. 648.73  Closed areas.

    (a) Areas closed because of environmental degradation. Certain areas 
are closed to all surf clam and ocean quahog fishing because of adverse 
environmental conditions. These areas will remain closed until the 
Assistant Administrator determines that the adverse environmental 
conditions no longer exist. If additional areas are identified by the 
Assistant Administrator as being contaminated by the introduction or 
presence of hazardous materials or pollutants, they may be closed by the 
Assistant Administrator in accordance with paragraph (c) of this 
section. The areas closed are:
    (1) Boston Foul Ground. The waste disposal site known as the 
``Boston Foul Ground'' and located at 42 deg.2[min]36[sec] N. lat., 
70 deg.35[min]00[sec] W. long., with a radius of 1 nm in every direction 
from that point.
    (2) New York Bight. The polluted area and waste disposal site known 
as the ``New York Bight'' and located at

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40 deg.25[foot]04 N. lat., 73 deg.42[foot]38 W. 
long., and with a radius of 6 nm in every direction from that point, 
extending further northwestward, westward and southwestward between a 
line from a point on the arc at 40 deg.31[foot]00 N. lat., 
73 deg.43[foot]38 W. long., directly northward toward 
Atlantic Beach Light in New York to the limit of the state territorial 
waters of New York; and a line from the point on the arc at 
40 deg.19[foot]48 N. lat., 73 deg.45[foot]42 W. 
long., to a point at the limit of the state territorial waters of New 
Jersey at 40 deg.14[foot]00 N. lat., 
73 deg.55[foot]42 W. long.
    (3) 106 Dumpsite. The toxic industrial site known as the ``106 
Dumpsite and located between 38 deg.40[foot]00 and 
39 deg.00[foot]00 N. lat., and between 
72 deg.00[foot]00 and 72 deg.30[foot]00 W. long.
    (4) Georges Bank. The paralytic shellfish poisoning (PSP) 
contaminated area, which is located in Georges Bank, and is located east 
of 69 deg. W. longitude, and south of 42 deg.20' N. latitude.
    (b) Areas closed because of small surf clams. Areas may be closed 
because they contain small surf clams.
    (1) Closure. The Assistant Administrator may close an area to surf 
clams and ocean quahog fishing if he/she determines, based on logbook 
entries, processors' reports, survey cruises, or other information, that 
the area contains surf clams of which:
    (i) Sixty percent or more are smaller than the minimum size (4.5 
inches (11.43 cm)); and
    (ii) Not more than 15 percent are larger than 5.5 inches (13.97 cm) 
in size.
    (2) Reopening. The Assistant Administrator may reopen areas or parts 
of areas closed under paragraph (b)(1) of this section if he/she 
determines, based on survey cruises or other information, that:
    (i) The average length of the dominant (in terms of weight) size 
class in the area to be reopened is equal to or greater than 4.75 inches 
(12.065 cm); or
    (ii) The yield or rate of growth of the dominant shell-height class 
in the area to be reopened would be significantly enhanced through 
selective, controlled, or limited harvest of surf clams in the area.
    (c) Procedure. (1) The Regional Administrator may hold a public 
hearing on the proposed closure or reopening of any area under paragraph 
(a) or (b) of this section. The Assistant Administrator shall publish 
notification in the Federal Register of any proposed area closure or 
reopening, including any restrictions on harvest in a reopened area. 
Comments on the proposed closure or reopening may be submitted to the 
Regional Administrator within 30 days after publication. The Assistant 
Administrator shall consider all comments and publish the final 
notification of closure or reopening, and any restrictions on harvest, 
in the Federal Register. Any adjustment to harvest restrictions in a 
reopened area shall be made by notification in the Federal Register. The 
Regional Administrator shall send notice of any action under this 
paragraph (c)(1) to each surf clam and ocean quahog processor and to 
each surf clam and ocean quahog permit holder.
    (2) If the Regional Administrator determines, as the result of 
testing by state, Federal, or private entities, that a closure of an 
area under paragraph (a) of this section is necessary to prevent any 
adverse effects fishing may have on the public health, he/she may close 
the area for 60 days by publication of notification in the Federal 
Register, without prior comment or public hearing. If an extension of 
the 60-day closure period is necessary to protect the public health, the 
hearing and notice requirements of paragraph (c)(1) of this section 
shall be followed.
    (d) Areas closed due to the presence of paralytic shellfish 
poisoning toxin--(1) Maine mahogany quahog zone. The Maine mahogany 
quahog zone is closed to fishing for ocean quahogs except in those areas 
of the zone that are tested by the State of Maine and deemed to be 
within the requirements of the National Shellfish Sanitation Program and 
adopted by the Interstate Shellfish Sanitation Conference as acceptable 
limits for the toxin responsible for paralytic shellfish poisoning. 
Harvesting is allowed in such areas during the periods specified by the 
Maine Department of Marine Resources during which quahogs are safe for 
human consumption. For information regarding these areas contact the 
State of Maine Division of Marine Resources at (207-624-6550).

[[Page 359]]

    (2) [Reserved]

[61 FR 34968, July 3, 1996, as amended at 62 FR 14649, Mar. 27, 1997; 62 
FR 37156, July 11, 1997; 63 FR 27485, May 19, 1998; 64 FR 57594, Oct. 
26, 1999]