Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 27217 

Classification 

This action is required by 50 CFR 

300.223(d) and is exempt from review 

under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), the 

NMFS Assistant Administrator for 

Fisheries finds good cause to waive the 

requirement to provide prior notice and 

an opportunity for public comment on 

this action, as such procedures would 

be unnecessary and contrary to the 

public interest. Such procedures would 

be unnecessary as NMFS provided prior 

notice and an opportunity for public 

comment on the regulations establishing 

the criteria for implementing the catch 

retention requirement (proposed rule 

published at 74 FR 26160, June 1, 2009, 

and final rule published at 74 FR 38544, 

August 4, 2009), and all that remains is 

to notify the public of the date of 

applicability of the requirement. In 

addition, prior notice and comment 

would be contrary to the public interest 

because it would unnecessarily delay 

implementation of the catch retention 

requirement, an international obligation 

of the United States under the 

Convention, after a determination that 

there is a sufficient number of observers 

for placement aboard purse seine 

vessels of WCPFC members. 

Authority: 16 U.S.C. 6901 et seq. 

Dated: May 7, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2010–11348 Filed 5–13–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 622, 635, 640, and 654 

[Docket No. 100510220–0221–01] 

RIN 0648–AY90 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 

Emergency Fisheries Closures in the 

Southeast Region Due to the 

Deepwater Horizon Oil Spill; 

Amendment 2 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Emergency rule; amendment; 

request for comments. 

SUMMARY: NMFS issues this emergency 

rule to close portions of the Gulf of 

Mexico (Gulf), South Atlantic, and 

Caribbean exclusive economic zones 

(Southeast EEZ) to all fishing as 

necessary when new information 

becomes available, to respond to the 

evolving nature of the Deepwater 

Horizon oil spill. The closed portions of 

the Southeast EEZ will be updated on a 

regular basis and announced to the 

public via NOAA Weather Radio, 

fishery bulletin, and NOAA Web site 

updates. The updated closed area may 

also be obtained by calling the NMFS 

Southeast Regional Office, Sustainable 

Fisheries Division at 727–824–5305. 

This rule replaces the existing closure 

rule, which became effective May 7, 

2010, and will remain in effect until 

terminated by subsequent rulemaking, 

which will occur once the existing 

emergency conditions from the oil spill 

no longer exist. Fish and shellfish in oil 

affected waters may be contaminated 

with levels of hydrocarbons above 

baseline levels. The U.S. Food and Drug 

Administration (FDA) considers such 

seafood to be adulterated. The intent of 

this emergency rule is to prohibit the 

harvest of adulterated seafood and for 

public safety. 

DATES: This rule is effective May 11, 

2010. Comments may be submitted 

through June 10, 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–2010–0103’’ 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, which includes a finding of 

no significant impact, may be obtained 

from Cynthia Meyer, Southeast Regional 

Office, NMFS, 263 13th Avenue South, 

St. Petersburg, FL 33701–5505; 

telephone: 727–824–5305; e-mail: 

cynthia.meyer@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Anik Clemens, telephone: 727–824– 

5305, fax: 727–824–5308, e-mail: 

anik.clemens@noaa.gov. 

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 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). The closure covered an area of 

the Gulf approximately 6,817 square 

miles (17,655 square km), or 3 percent 

of the total area of the Gulf EEZ. Oil 

continued to leak from the Deepwater 

Horizon incident at a rate of 

approximately 5,000 barrels (210,000 

gallons, or 794,936.5 liters) per day. Due 

to the evolving nature of the oil spill, 

NMFS revised the closed area in a 

second emergency rule that became 

effective May 7, 2010 and will publish 

May 12, 2010. This second emergency 

rule closed an area of the Gulf 

approximately 10,807 square miles 

(27,989 square km), or 4.5 percent of the 

total area of the Gulf EEZ, therefore, 

95.5 percent of the Gulf remains open. 

Need for This Emergency Rule 

The oil spill continues to shift 

locations in the Gulf of Mexico and 

could reach South Atlantic and/or 

Caribbean Federal waters. Wind speed 

and direction, currents, waves, and 

other weather patterns lead to changes 

in oil location. As the weather 

conditions controlling the movement of 

the oil change, the oil could move in 

directions not initially predicted. This 

emergency rule allows NMFS to make 

more timely revisions to the area closed 

to all fishing. This will become 

necessary as new information on the 

location of the Deepwater Horizon oil 

spill becomes available. Continuing to 

follow the process of revising the closed 

area through publication of successive 

emergency rules does not allow for 

timely modification of the closure and 


emcdonald on DSK2BSOYB1PROD with RULES
27218 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 

could lead to possible harvest of 

adulterated seafood products from an 

area where oil is actually present. Sale 

of adulterated seafood is not in the 

public interest. This rule will remain in 

effect until terminated by subsequent 

rulemaking, which will occur once the 

existing emergency conditions from the 

oil spill no longer exist. 

Revising the Closed Area 

NMFS will revise the closed area to 

all fishing in the Southeast EEZ based 

on the current location of the oil spill. 

Wind speed and direction, currents, 

waves, and other weather patterns lead 

to changes in oil location. Closed areas 

may be reopened if NMFS has 

determined that oil has never been in 

that area. Closed areas may also be 

reopened if NMFS has determined that 

fish and other marine species located in 

that area have returned to their baseline 

levels of hydrocarbons. NMFS will 

announce the revised closed area via 

NOAA Weather Radio, fishery bulletin, 

and NOAA Web site updates. The 

updated closed area may also be 

obtained by calling the NMFS Southeast 

Regional Office, Sustainable Fisheries 

Division at 727–824–5305. In order to 

give fishermen enough time to come 

into compliance with the revised closed 

area, NMFS will announce the revised 

closed area daily at 12 noon, eastern 

time (11 a.m. central time). The revised 

closed area will become effective at 6 

p.m. eastern time (5 p.m. central time). 

If no changes are made to the closed 

area on a given day, that will be 

announced as well. To obtain the 

coordinates of the revised closed area, 

go to the following Web site: http:// 

sero.nmfs.noaa.gov, or call the NMFS 

Southeast Regional Office, Sustainable 

Fisheries Division at 727–824–5305. 

The Sustainable Fisheries Division 

After-Hours message includes the 

updated coordinates of the closure. 

NMFS continues to assess the impacts 

this oil spill is having on the fishing 

industry, as well as on the fish and 

other marine species that inhabit these 

waters. Fish and shellfish in oil affected 

waters may be contaminated with levels 

of hydrocarbons above baseline levels. 

The FDA considers such seafood to be 

adulterated, as defined under § 402(a) of 

the Food, Drug, and Cosmetic Act of 

1938. The intent of this emergency rule 

is to prohibit the harvest of adulterated 

seafood. 

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). 

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 opportunity 

for public comment would be 

impracticable and contrary to the public 

interest, as delaying action constitutes a 

public safety concern. NMFS is 

implementing this closure in 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. In addition, any delay would 

pose a clear risk of the lawful harvest of 

adulterated product, which is not in the 

public interest. Thus, the AA finds good 

cause to waive prior notice and the 

opportunity for public comment. 

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 640 

Fisheries, Fishing, Incorporation by 

reference, Reporting and recordkeeping 

requirements. 

50 CFR Part 654 

Fisheries, Fishing. 

Dated: May 11, 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, 640, 

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: 

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

■ 2. In § 622.7, paragraph (jj) is added to 

read as follows: 

§ 622.7 Prohibitions. 

* * * * * 

(jj) Harvest a Caribbean spiny lobster, 

effective May 11, 2010, in the portion of 

the Caribbean EEZ designated in 

§ 622.33(c), due to the Deepwater 

Horizon oil spill. 

■ 3. In § 622.33, paragraph (c) is added 

to read as follows: 

§ 622.33 Caribbean EEZ seasonal and/or 

area closures. 

* * * * * 

(c) Caribbean EEZ area closure related 

to Deepwater Horizon oil spill. Effective 

[May 11, 2010, all fishing is prohibited 

in the portion of the Caribbean EEZ 

identified in the map shown on the 

NMFS Web site: http:// 

sero.nmfs.noaa.gov/ 

deepwater_horizon_oil_spill.htm. 

■ 4. In § 622.34, paragraph (o) is 

removed and reserved and paragraph (n) 

is added to read as follows: 

§ 622.34 Gulf EEZ seasonal and/or area 

closures. 

* * * * * 

(n) Gulf EEZ area closure related to 

Deepwater Horizon oil spill. Effective 

[May 11, 2010, all fishing is prohibited 

in the portion of the Gulf EEZ identified 

in the map shown on the NMFS Web 

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

deepwater_horizon_oil_spill.htm. 

* * * * * 

■ 5. In § 622.35, paragraph (m) is added 

to read as follows: 

§ 622.35 Atlantic EEZ seasonal and/or area 

closures. 

* * * * * 

(m) Atlantic EEZ area closure related 

to Deepwater Horizon oil spill. Effective 

May 11, 2010, all fishing is prohibited 

in the portion of the South Atlantic EEZ 

identified in the map shown on the 

NMFS Web site: http:// 

sero.nmfs.noaa.gov/deepwater_horizon_

oil_spill.htm. 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 27219 

PART 635—ATLANTIC HIGHLY 

MIGRATORY SPECIES 

■ 6. The authority citation for part 635 

continues to read as follows: 

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

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

removed and reserved and paragraph 

(a)(4)(vii) is added to read as follows: 

§ 635.21 Gear operation and deployment 

restrictions. 

* * * * * 

(a) * * * 

(4) * * * 

(vii) Caribbean, Gulf, and South 

Atlantic EEZ area closures related to 

Deepwater Horizon oil spill. Effective 

May 11, 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 areas designated at 

§§ 622.33(c), 622.34(n), or 622.35(m) of 

this chapter. 

* * * * * 

PART 640—SPINY LOBSTER FISHERY 

OF THE GULF OF MEXICO AND 

SOUTH ATLANTIC 

■ 8. The authority citation for part 640 

continues to read as follows: 

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

■ 9. In § 640.7, paragraph (x) is added to 

read as follows: 

§ 640.7 Prohibitions. 

* * * * * 

(x) Harvest a spiny lobster, effective 

May 11, 2010, in the portion of the Gulf 

or South Atlantic EEZ designated in 

§ 622.34(n) or § 622.35(m) of this 

chapter, respectively, due to the 

Deepwater Horizon oil spill. 

PART 654—STONE CRAB FISHERY OF 

THE GULF OF MEXICO 

■ 10. The authority citation for part 654 

continues to read as follows: 

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

■ 11. In § 654.7, paragraph (r) is 

removed and reserved and paragraph(s) 

is added to read as follows: 

§ 654.7 Prohibitions. 

* * * * * 

(s) Pull or tend a stone crab trap, 

effective May 11, 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. 2010–11601 Filed 5–11–10; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 100105009–0167–02] 

RIN 0648–AY51 

Fisheries of the Northeastern United 

States; Atlantic Deep-Sea Red Crab 

Fisheries; 2010 Atlantic Deep-Sea Red 

Crab Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues final 

specifications for the 2010 Atlantic 

deep-sea red crab fishery, including a 

target total allowable catch (TAC) and a 

fleet-wide days-at-sea (DAS) allocation. 

The intent of this rulemaking is to 

specify the target TAC and other 

management measures in order to 

manage the red crab resource for fishing 

year (FY) 2010. 

DATES: This rule is effective on June 14, 

2010. 

ADDRESSES: Copies of the specifications 

document, including the Environmental 

Assessment (EA) and the Initial 

Regulatory Flexibility Analysis (IRFA) 

are available from Paul Howard, 

Executive Director, New England 

Fishery Management Council, 50 Water 

Street, Newburyport, MA 01950. The 

specifications document is also 

accessible via the Internet at http:// 

www.nefmc.org. NMFS prepared a Final 

Regulatory Flexibility Analysis (FRFA), 

which is contained in the Classification 

section of this rule. The FRFA consists 

of the IRFA, public comments and 

responses contained in this final rule, 

and a summary of impacts and 

alternatives contained in this final rule. 

The small entity compliance guide is 

available from Patricia A. Kurkul, 

Regional Administrator, Northeast 

Regional Office, National Marine 

Fisheries Service, 55 Great Republic 

Drive, Gloucester, MA 01930–2298, and 

on the Northeast Regional Office’s 

website at http://www.nero.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Moira Kelly, Fishery Policy Analyst, 

(978) 281–9218. 

SUPPLEMENTARY INFORMATION: 

Background 

The Red Crab FMP includes a 

specification process that requires the 

New England Fishery Management 

Council (Council) to recommend, on a 

triennial basis, a target TAC and a fleet 

DAS allocation that is consistent with 

that target TAC. In FY 2009, NMFS 

published a temporary emergency rule 

to modify the 2009 target TAC and fleet 

DAS to be consistent with the 

recommendations of the Data Poor 

Stocks Working Group and Review 

Panel (Working Group). The Working 

Group recommended a reduction in the 

maximum sustainable yield (MSY) to 

3.75–4.19 million lb (1,700–1,900 mt). 

In keeping with the FMP in setting the 

target TAC at 95 percent of MSY, NMFS 

implemented a target TAC of 3.56 

million lb (1,615 mt), and reduced the 

fleet DAS allocation from 780 DAS to 

582 DAS. The fleet DAS allocation is 

divided equally among the vessels 

active in the fishery, which can vary 

from year to year. For FY 2009, the 

allocation was initially divided among 

four vessels; however, NMFS allowed 

one of the four vessels to opt out of the 

fishery for the FY and reallocated the 

fleet DAS to the remaining three vessels. 

It is expected that four vessels will be 

active in the red crab fishery in FY 

2010. The Council has requested 

waiving the 6–month notification 

requirement for opting out of the red 

crab fishery for FY 2010. 

In September 2009, the Council’s 

Scientific and Statistical Committee 

(SSC) accepted the Working Group’s 

recommendation that MSY for red crab 

should be set within the range 3.75–4.19 

million lb (1,700–1,900 mt), and 

recommended that the interim 

acceptable biological catch (ABC) be set 

commensurate with recent catch. The 

SSC determined recent catch to be the 

amount of red crab landed in FY 2007, 

which was 2.83 million lb (1,284 mt). 

The landings in FY 2007 were the 

lowest since the implementation of the 

FMP in 2002. Despite the 

recommendation from the SSC that the 

target TAC not exceed an ABC of 2.83 

million lb (1,284 mt), the Council 

recommended a target TAC and fleet 

DAS allocation equal to the 2009 

emergency rule, 3.56 million lb (1,615 

mt) and 582 DAS, respectively. The 

Council based its target TAC on the 

MSY advice from the Working Group, 

rather than that recommended by the 

SSC, because the Council considered 

the advice of the Working Group to 

provide an acceptably low risk of 

avoiding overfishing. The Council 

further requested the SSC to reconsider 

its recommendation for red crab. 

In response to this request from the 

Council to reconsider its 

recommendation, the SSC met on March 

16–17, 2010, and determined that the 

interim ABC for red crab should be 

revised. The SSC has determined that 


emcdonald on DSK2BSOYB1PROD with RULES