Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Rules and Regulations 27795

PART 247—DOLPHIN SAFE TUNA

LABELING

7. Under the authority of 16 U.S.C.

1385, part 247 is removed.

[FR Doc. 96–13743 Filed 5–31–96; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Part 620

[Docket No. 960126016–6149–05; I.D.

052196G]

General Provisions for Domestic

Fisheries; Amendment to Closure for

American Lobster in Block Island

Sound

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Emergency interim rule;

amendment.

SUMMARY: In response to a request from

the State of Rhode Island, NMFS is

amending the emergency interim rule

that closed a portion of Federal waters

off the coast of the State of Rhode Island

in Block Island Sound to fishing and

possession of lobsters subsequent to an

oil spill. This amendment reduces

further the area in which fishing for or

possessing lobsters is prohibited.

EFFECTIVE DATE: May 29, 1996 through

July 23, 1996.

FOR FURTHER INFORMATION CONTACT:

Daniel Morris at (508) 281–9388.

SUPPLEMENTARY INFORMATION: On

January 19, 1996, an oil barge grounded

and spilled more than 800,000 gallons

(3.0 million liters) of heating oil into the

waters of Block Island Sound, RI. On

January 26, 1996, NMFS, at the request

of and in conjunction with the State of

Rhode Island, prohibited the harvest of

seafood from an area of approximately

250 square miles (647 square km) in

Block Island Sound. The original area of

closure was announced and defined in

an emergency interim rule published in

the Federal Register on February 1,

1996 (61 FR 3602).

On March 13, 1996, NMFS opened the

entire area to fishing for and landing

finfish and squid by gear types other

than bottom trawl gear. This same

action, published in the Federal

Register on March 19, 1996 (61 FR

11164), expanded by approximately 28

square miles (72 square km) the area in

which fishing for and landing lobsters,

clams, and crabs were prohibited.

Throughout the expanded closed area

the use of lobster traps, bottom trawl or

dredge gear was prohibited.

On April 9, 1996, the closure was

amended further to allow all fishing to

resume, with the exception of lobstering

in an area of approximately 42 square

miles (109 square km) to the east and

north of Block Island, RI. This action

was published in the Federal Register

on April 15, 1996 (61 FR 16401).

On April 24, 1996, testing of lobsters

from the closed Federal area determined

that evidence of oil adulteration persists

in some of the samples. Therefore, the

State requested that the Federal closure,

which was due to expire on May 1,

1996, be extended. NMFS complied

with the State’s request and extended

the closure’s effective date from May 1,

1996, through July 23, 1996 (61 FR

20175, May 6, 1996).

Following the oil spill, State officials,

in consultation with Federal agencies

and the responsible party, developed a

protocol for reopening fisheries in the

affected area. The protocol sets

sampling, inspection, and analysis

standards, which, if met, would ensure

that seafood is wholesome and would

provide a basis for reopening fisheries.

In accordance with the protocol, State

and Federal agencies have been testing

the water and marine life in and around

the closed area since the closure began.

Seafood species have been subjected to

inspection by sensory experts and

chemical analysis. Though all seafood

from the area has been determined to be

safe for consumption, certain lobsters

from one particular sector still show

some evidence of oil adulteration.

Therefore, NMFS, at the request of the

State, is opening all areas to all fishing

with the exception of the one sector

(described below) where oil adulteration

has been detected in lobsters. No person

may fish for, possess, or land American

lobsters from the closed area.

In order to avoid conflict with other

amendments to § 620.7, the text of

former paragraph (i) of that section is

now placed in paragraph (m) of that

section.

Classification

The Assistant Administrator for

Fisheries, NOAA (AA), has determined

that this rule is necessary to respond to

an emergency situation and is consistent

with the Magnuson Fishery

Conservation and Management Act and

other applicable law.

Testing has determined that

consumption of seafood from a portion

of the area closed prior to this action

does not pose a threat to human health.

Fishermen who operate in the area

would suffer severe economic hardship

unnecessarily if the current prohibition

were to remain in effect. Hence, the AA

finds that the foregoing constitutes good

cause to waive the requirement to

provide prior notice and the

opportunity for public comment,

pursuant to authority set forth at 5

U.S.C. 553(b)(B), as such procedures

would be contrary to the public interest.

Further, as this provision relieves a

restriction, it is made effective

immediately pursuant to authority at 5

U.S.C. 553(d)(1).

This emergency rule has been

determined to be not significant for the

purposes of E.O. 12866.

This emergency rule is exempt from

the procedures of the Regulatory

Flexibility Act because this rule is not

required to be issued with prior notice

and opportunity for public comment.

List of Subjects in 50 CFR Part 620

Fisheries, Fishing.

Dated: May 28, 1996.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 620 is amended

as follows:

PART 620—GENERAL PROVISIONS

FOR DOMESTIC FISHERIES

1. The authority citation for part 620

continues to read as follows:

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

2. In § 620.7, paragraph (i) revised at

61 FR 16401, April 15, 1996, effective

from April 19, 1996 through May 1,

1996, and extended at 61 FR 20175, May

6, 1996 from May 1, 1996 through July

23, 1996 is removed and paragraph (m)

is added to read as follows:

§ 620.7 General prohibitions.

* * * * *

(m) Fish for American lobsters in, or

possess or land American lobsters from,

the Federal waters of Block Island

Sound bounded as follows: From the

point where LORAN line 14470

intersects with the 3-nautical mile (6-

km) line south of Point Judith, RI,

proceeding south-southeasterly to its

intersection with the 43920 line, thence

southwesterly along the 43920 line to its

intersection with the 3-nautical mile (6-

km) line northeast of Block Island, RI,

thence northerly along said 3-nautical

mile (6-km) line to the northern

intersection of the 3-nautical mile (6-

km) line and the 14530 line, thence

northwesterly along the 14530 line to

the intersection of the 3-nautical mile

(6-km) line, thence northeasterly along

the 3-nautical mile (6-km) line to the

starting point.

[FR Doc. 96–13702 Filed 5–29–96; 11:32 pm]

BILLING CODE 3510–22–M