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[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would remain in effect for 10 days, unless superseded by subsequent 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2010, unless superseded by subsequent rulemaking.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:

------------------------------------------------------------------------
              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
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