Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Rules and Regulations 26679 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 622, 635, and 654 

[Docket No. 100503210–0215–01] 

RIN 0648–AY87 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 

Amendment to Emergency Fisheries 

Closure in the Gulf of Mexico Due to 

the Deepwater Horizon Oil Spill 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Emergency rule; amendment; 

request for comments. 

SUMMARY: NMFS issues this action to 

amend the emergency regulations 

published on May 6, 2010, to revise the 

portion of the Gulf of Mexico (Gulf) 

exclusive economic zone (EEZ) that is 

closed to all fishing, due to the evolving 

nature of the Deepwater Horizon oil 

spill. The initial closure was applicable 

May 2, 2010 through 12:01 a.m., local 

time, May 12, 2010. This revised 

fisheries closure supersedes the original 

closure and is effective from May 7, 

2010 through 12:01 a.m., local time, 

May 17, 2010, unless conditions allow 

NMFS to terminate it sooner. The 

revised closure is implemented for 

public safety. 

DATES: This rule is effective May 7, 2010 

through 12:01 a.m., local time, May 17, 

2010, except for the amendment to 

§ 622.34 (n) which is effective May 7, 

2010. Comments may be submitted 

through May 17, 2010. 

ADDRESSES: You may submit comments 

on this rule, identified by ‘‘0648–AY87’’ 

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 ‘‘NOAANMFS–2010–0100’’ 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. 

FOR FURTHER INFORMATION CONTACT: 

Anik Clemens, telephone: 727–824– 

5305, fax: 727–824–5308, e-mail: 

anik.clemens@noaa.gov. 

SUPPLEMENTARY INFORMATION: This 

emergency action is being taken to 

amend emergency regulations published 

on May 6, 2010 (75 FR 24822) to revise 

the area in the Gulf closed to all fishing 

due to the Deepwater Horizon oil spill. 

The initial closed area was applicable 

from May 2, 2010 through 12:01 a.m., 

local time, May 12, 2010. This 

amendment supercedes the original 

closure and revises the coordinates of 

the closed area, due to the evolving 

nature of the oil spill. The oil that is 

continuing to leak from the Deepwater 

Horizon drilling rig has resulted in more 

than 3 million gallons (11.4 million 

liters) of oil being released into the Gulf 

of Mexico. NMFS is currently assessing 

the impacts this oil spill will have on 

the fishing industry. While NMFS 

makes this assessment, NMFS amends 

the closed portion of the Gulf EEZ to 

encompass where the oil slick resides 

for public safety concerns. The revised 

closed area, effective May 7, 2010 

through 12:01 a.m., local time, May 17, 

2010, is bounded by rhumb lines 

connecting, in order, the following 

coordinates: From the point where 

29°50′ N. lat. intersects with the 3 

nautical mile Louisiana state boundary; 

proceeding easterly to the point 29°50′ 

N. lat. and 87°28′ W. long.; thence, 

southeasterly to the point 29°20′ N. lat. 

and 86°55′ W. long.; thence, 

southwesterly to the point 28°18′ N. lat. 

and 87°44′ W. long.; thence, 

northwesterly to the point 28°30′ N. lat. 

and 89° W. long.; thence, northwesterly 

to the point where 28°52′ N. lat. 

intersects with the 3 nautical mile 

Louisiana state boundary; thence along 

the seaward limit of Louisiana’s waters. 

NMFS will continue to monitor and 

evaluate the oil spill and its impacts on 

Gulf fisheries. When more updated 

information becomes available, NMFS 

will take action as appropriate to extend 

or reduce this closed area by publishing 

another amendment to this emergency 

rule in the Federal Register and by 

posting the revised information to the 

NMFS Southeast Regional Office 

website: http://sero.nmfs.noaa.gov. 

Classification 

This action is issued pursuant to 

section 305(c) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), 16 U.S.C. 

1855(c). 

NMFS has consulted with OIRA and 

due to exigent circumstances this action 

is exempt from review under Executive 

Order 12866. 

Pursuant to 40 CFR 1506.11, NMFS 

has consulted with the Council for 

Environmental Quality. 

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 opportunity 

for public comment would be contrary 

to the public interest, as delaying action 

constitutes a public safety concern. 

NMFS is implementing this closure in 

the response to the oil spill to help 

prevent any potential injuries to 

fishermen in the area. Any delay of 

implementation of this fisheries closure 

could constitute unsafe fishing 

conditions for the fishing industry. 

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 

50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

50 CFR Part 635 

Fisheries, Fishing, Fishing vessels, 

Imports, Reporting and recordkeeping 

requirements, Treaties. 

50 CFR Part 654 

Fisheries, Fishing. 

Dated: May 6, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR parts 622, 635, and 

654 are amended as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF, AND SOUTH 

ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

WReier-Aviles on DSKGBLS3C1PROD with RULES

26680 Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Rules and Regulations 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. In § 622.34, paragraph (n) is 

removed and reserved and paragraph (o) 

is added to read as follows: 

§ 622.34 Gulf EEZ seasonal and/or area 

closures. 

* * * * * 

(o) Gulf EEZ area closure related to 

Deepwater Horizon oil spill. Effective 

May 7, 2010 through 12:01 a.m., local 

time, May 17, 2010, all fishing is 

prohibited in the portion of the Gulf 

EEZ bounded by rhumb lines 

connecting, in order, the following 

points: From the point where 29°50′ N. 

lat. intersects with the 3 nautical mile 

Louisiana state boundary; proceeding 

easterly to the point 29°50′ N. lat. and 

87°28′ W. long.; thence, southeasterly to 

the point 29°20′ N. lat. and 86°55′ W. 

long.; thence, southwesterly to the point 

28°18′ N. lat. and 87°44′ W. long.; 

thence, northwesterly to the point 

28°30′ N. lat. and 89° W. long.; thence, 

northwesterly to the point where 28°52′ 

N. lat. intersects with the 3 nautical 

mile Louisiana state boundary; thence 

along the seaward limit of Louisiana’s 

waters. 

* * * * * 

PART 635—ATLANTIC HIGHLY 

MIGRATORY SPECIES 

■ 3. The authority citation for part 635 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 4. In § 635.21, paragraph (a)(4)(vi) is 

added to read as follows: 

§ 635.21 Gear operation and deployment 

restrictions. 

* * * * * 

(a) * * * 

(4) * * * 

(vi) Gulf of Mexico EEZ area closure 

related to Deepwater Horizon oil spill. 

Effective May 7, 2010 through 12:01 

a.m., local time, May 17, 2010, no vessel 

issued, or required to be issued, a 

permit under this part, may fish or 

deploy any type of fishing gear in the 

area designated at § 622.34(n) of this 

chapter. 

* * * * * 

PART 654—STONE CRAB FISHERY OF 

THE GULF OF MEXICO 

■ 5. The authority citation for part 654 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 6. In § 654.7, paragraph (r) is added to 

read as follows: 

§ 654.7 Prohibitions. 

* * * * * 

(r) Pull or tend a stone crab trap from 

May 7, 2010 through 12:01 a.m., local 

time, May 17, 2010 in the portion of the 

Gulf EEZ designated in § 622.34(n) of 

this chapter, due to the Deepwater 

Horizon oil spill. 

[FR Doc. 2010–11184 Filed 5–6–10; 4:15 pm] 

BILLING CODE 3510–22–S 

WReier-Aviles on DSKGBLS3C1PROD with RULES