[Federal Register: June 16, 2005 (Volume 70, Number 115)]
[Rules and Regulations]
[Page 35047-35048]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn05-15]
[[Page 35047]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 050613158-5158-01; I.D. 061305B]
RIN 0648-AT48
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Emergency
Fishery Closure Due to the Presence of the Toxin that Causes Paralytic
Shellfish Poisoning (PSP)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency action; request for comments.
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SUMMARY: NMFS is promulgating emergency regulations, at the request of
the Food and Drug Administration (FDA), to close portions of Federal
waters of the Gulf of Maine, Georges Bank, and southern New England to
the harvest of shellfish (bivalves), with the exception of sea scallop
adductor muscles harvested and shucked at sea, due to the presence in
those waters of the toxin that causes paralytic shellfish poisoning
(PSP). The concentrations of the toxin in the Federal waters is great
enough to warrant a public health emergency. The closure will remain in
effect until September 30, 2005, with the possibility of a reduction or
an extension of the closure based upon FDA's determination that the
concentration of the toxin in shellfish is at a level that is safe or
unsafe, respectively, for human consumption.
DATES: Effective June 14, 2005 through September 30, 2005. Comments
must be received by July 18, 2005.
ADDRESSES: Comments may be submitted by any of the following methods:
E-mail: PSPClosure@NOAA.gov. Include in the subject line
the following: ``Comments on the Emergency Rule for Area Closure Due to
PSP.''
Federal e-Rulemaking Portal: http:/www.regulations.gov.
Mail: Paper, disk, or CD-ROM comments should be sent to
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries
Service, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of
the envelope ``Comments on the Emergency Rule for Area Closure Due to
PSP.''
Fax: (978) 281-9135.
Copies of the emergency rule are available from Patricia A. Kurkul,
Regional Administrator, National Marine Fisheries Service, One
Blackburn Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT: Brian Hooker, Fishery Policy Analyst,
phone: (978) 281-9220, fax; (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
On June 10, 2005, FDA requested that NMFS close an area of Federal
waters off the coasts of New Hampshire and Massachusetts to any
harvesting of shellfish (bivalves) intended for human consumption. This
includes surfclams, ocean quahogs, unshucked or ``roe-on'' scallops,
and mussels. The only exception to this closure is for Atlantic sea
scallops harvested for onboard shucking of the adductor muscle or
``meat'' which is unaffected by the toxin. The text of the June 10,
2005, FDA request is as follows:
June 10, 2005
Rebecca Lent, Ph.D.
Deputy Administrator
National Marine Fisheries Service
1315 East West Highway
Silver Spring, MD 20910
Dear Dr. Lent:
On behalf of Michael O. Leavitt, Secretary of Health and Human
Services (HHS), the Food and Drug Administration (FDA) is requesting
that the National Oceanic and Atmospheric Administration (NOAA)/
National Marine Fisheries Service (NMFS) of the Department of
Commerce close waters of the north western Atlantic Ocean, as
described below, to the harvesting of bivalve molluscan shellfish
intended for human consumption. The States of Massachusetts, New
Hampshire, and Maine are experiencing one of the largest toxic algal
blooms (red tides) in their history. The red tide, which is
responsible for the production of marine biotoxins that cause
Paralytic Shellfish Poisoning (PSP) in persons consuming affected
shellfish, has spread from State waters to Federal waters further
offshore. In accordance with the National Shellfish Sanitation
Program (NSSP), the States have closed affected waters within their
jurisdiction. Closure of Federal waters is also necessary to address
this public health emergency by ensuring that potentially unsafe
bivalve molluscan shellfish are not harvested for human consumption.
FDA is requesting that NMFS close all waters south of 43 degrees
north latitude, west of 69 degrees west longitude, north of 40
degrees north latitude, and east of 71 degrees west longitude. This
area is to be closed to the harvesting of all species of bivalve
molluscan shellfish with the only exception of scallops that are
harvested for onboard shucking of the adductor muscle. While FDA
cannot predict how long the closure should remain in effect, it is
reasonable that closure should at least extend for 2 to 3 months.
Reopening the area should be based on test results from shellfish
collected within the closed area. The closure does not include
Federal waters off the coast of Maine because cell counts of the
organism responsible for production of the dangerous marine biotoxin
are at lower levels and the small fishery in these waters has been
controlled through State and industry actions.
Given the severity of the illness associated with PSP, FDA requests
that NMFS moves as quickly as possible to implement the closure. FDA
stands ready to assist NMFS in whatever way it can. Please contact
Paul DiStefano at 301-436-1410, of my staff, or me should you have
any questions or need further assistance.
As always, FDA appreciates the support and cooperation provided by
NMFS in our joint efforts to protect public health. We look forward
to working with you to collect samples from the closure to better
define the level of toxicity in shellfish meats and in our joint
efforts to once again reopen the area for commercial harvest.
Sincerely,
Lester M. Crawford, D.V.M., Ph.D.
Acting Commissioner of Food and Drugs.
According to FDA, portions of the north western Atlantic Ocean are
experiencing one of the largest toxic algal blooms (red tides) in
history. The red tide is responsible for the production of marine
biotoxins that cause PSP in persons consuming affected shellfish. It
has spread from State waters to Federal waters further offshore. In
accordance with the FDA's National Shellfish Sanitation Program (NSSP),
the States have closed affected waters within their jurisdiction.
Closure of the Federal waters is also necessary to address the public
health emergency.
While it is difficult to predict precisely how long the closure
should remain in effect, FDA estimates that the closure should remain
in effect at least 2 to 3 months. Thus, this closure will remain in
effect until September 30, 2005, with the possibility of a reduction or
an extension of the closure based upon FDA's determination that the
concentration of the toxin in shellfish is at a level that is safe or
unsafe, respectively, for human consumption.
This action temporarily closes all Federal waters of the Exclusive
Economic Zone (EEZ) of the Northeastern United States to any shellfish
harvesting, with the exception of Atlantic sea scallops shucked at sea
for their adductor muscles, in the area bound by the following
coordinates in the order stated: (1) 43[deg]00' N. lat., 71[deg]00'
[[Page 35048]]
W. long.; (2) 43[deg]00' N. lat., 69[deg]00' W. long.; (3) 40[deg]00'
N. lat., 69[deg]00' W. long.; (4) 40[deg]00' N. lat., 71[deg]00' W.
long., and then ending at the first point.
Classification
This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Fishery Conservation and Management Act, 16 U.S.C. 1855(c).
This rule has been determined to be not significant under Executive
Order 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 for this action, as prior notice and
comment would be impracticable and contrary to the public interest. The
action is in response to a public health emergency. The FDA has
requested that NMFS move as quickly as possible to close a specified
area to the harvest of shellfish, as shellfish harvested from that area
could pose a public health risk if consumed. Any delay in implementing
this rule could pose serious health risks to the public. For the
reasons stated above, the AA also finds good cause to waive the delayed
effectiveness period pursuant to 5 U.S.C. 553(d)(3).
Since this emergency action is necessary to protect public health,
a Regulatory Impact Review (RIR) in accordance with Executive Order
12866 has not been completed. The RIR will be made available to the
public once it has been completed.
Because notice and opportunity for comment are not required
pursuant to 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. Therefore, a regulatory flexibility analysis is not
required and has not been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: June 14, 2005.
Rebecca Lent
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
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For the reasons set out in the preamble, 50 CFR part 648 is amended to
read as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
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2. In Sec. 648.14, paragraph (a)(166) is added to read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(166) Fish for, harvest, catch, possess, or attempt to fish for,
harvest, catch, or possess any bivalve shellfish, including Atlantic
surfclams, ocean quahogs, and mussels, with the exception of sea
scallops harvested only for adductor muscles and shucked at sea, in the
area of the U.S. Exclusive Economic Zone bound by the following
coordinates in the order stated: 43[deg]00' N. lat., 71[deg]00' W.
long.; 43[deg]00' N. lat., 69[deg]00' W. long.; 40[deg]00' N. lat.,
69[deg]00' W. long.; 40[deg]00' N. lat., 71[deg]00' W. long., and then
ending at the first point.
* * * * *
[FR Doc. 05-12030 Filed 6-14-05; 3:36 pm]
BILLING CODE 3510-22-S