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[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33694-33695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16593]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 620

[Docket No. 960126016-6070-02; I.D. 062196D]

General Provisions for Domestic Fisheries; Withdrawal of 
Emergency Fishing Closure in Block Island Sound

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Termination of an emergency interim rule.

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SUMMARY: NMFS terminates the emergency interim rule that closed a 
portion of Federal waters off the coast of Rhode Island, in Block 
Island Sound subsequent to an oil spill. Effective immediately, fishing 
in the previously closed area may resume in accordance with all State 
and federal regulations and Fishery Management Plans.

EFFECTIVE DATE: Effective June 25, 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 (3.03 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 kilometers(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).
    Following the oil spill and the initial closure action, State 
officials, in consultation with Federal agencies and the responsible 
party, developed a protocol for amending and reopening fishery closures 
in the affected area. The protocol set sampling, inspection, and 
analysis standards, to ensure that seafood harvested from the area 
would be wholesome and to provide the basis for amending and reopening 
the fishery closures.
    On March 13, 1996, based on the findings of seafood inspectors and 
at the request of state officials, NMFS opened the entire area to 
fishing for and landing of 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 (72.5 square km), the area in which fishing for and landing 
lobsters, clams, and crabs is 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 (108.8 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 portion of the 
closed area in the exclusive economic zone (EEZ) determined that oil-
adulteration persisted in some of the samples. Therefore, the state 
requested that the closure in the EEZ, which was due to expire on May 
1, 1996, be extended. NMFS complied with the state's request and 
extended the closure (61 FR 20175, May 6, 1996).
    On June 3, 1996, at the request of the state and in response to 
seafood inspection results, NMFS reduced the area in the EEZ in which 
fishing for lobsters was prohibited (61 FR 27795, June 3, 1996). The 
new closure area in the EEZ consisted of approximately 12 square miles 
(31 square km) north and northeast of Block Island.
    In accordance with the protocol for amending and reopening the 
fishery closures, inspection and chemical analysis of the remaining 
restricted species and closed areas have been conducted periodically. 
During the most recent round of inspection, evidence of oil 
adulteration was not discerned in any of the lobster samples. 
Therefore, NMFS, at the request of the State of Rhode Island, by this 
action, is terminating the interim emergency rule which prohibited 
fishing for lobsters in a section of Block Island Sound.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that termination of the emergency interim rule is consistent 
with the Magnuson Conservation and Management Act and other applicable 
law.

[[Page 33695]]

    Fishermen who operate in the area would suffer 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: June 24, 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 Sec. 620.7, paragraph (m) is removed.
[FR Doc. 96-16593 Filed 6-25-96; 2:10 pm]
BILLING CODE 3510-22-F
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