83 FR 23825 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery Off the Southern Atlantic States; Reopening of the Penaeid Shrimp Fishery Off Georgia
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 100 (May 23, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 100 (May 23, 2018)
| Page Range | 23825-23826 | |
| FR Document | 2018-11009 |
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)] [Rules and Regulations] [Pages 23825-23826] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11009] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120919470-3513-02] RIN 0648-XG231 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery Off the Southern Atlantic States; Reopening of the Penaeid Shrimp Fishery Off Georgia AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reopening. ----------------------------------------------------------------------- SUMMARY: NMFS reopens the exclusive economic zone (EEZ) off Georgia in the South Atlantic to trawling for penaeid shrimp, i.e., for brown, pink, and white shrimp. NMFS previously closed penaeid shrimp trawling in the EEZ off Georgia on January 24, 2018. The reopening is intended to maximize harvest benefits while protecting the penaeid shrimp resource. DATES: The reopening is effective at 12:01 a.m., local time, May 18, 2018, until the effective date of a notification of a closure which will be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: Frank Helies, 727-824-5305; email: Frank.Helies@noaa.gov. SUPPLEMENTARY INFORMATION: Penaeid shrimp in the South Atlantic are managed under the Fishery Management Plan for the Shrimp Fishery of the South Atlantic Region (FMP). The FMP was prepared by the South Atlantic Fishery Management Council (Council) and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. Under 50 CFR 622.206(a), NMFS may close the EEZ adjacent to South Atlantic states that have closed their waters to the harvest of brown, pink, and white shrimp to protect the white shrimp spawning stock that has been severely depleted by cold weather or when applicable state water temperatures are 9 [deg]C (48[emsp14][deg]F), or less, for at least 7 consecutive days. Consistent with those procedures and criteria, after determining that unusually cold temperatures resulted in water temperatures of 9 [deg]C (48[emsp14][deg]F), or less, for at least 7 consecutive days in its state waters, the state of Georgia closed its waters on January 15, 2018, to the harvest of brown, pink, and white shrimp. Georgia subsequently requested that NMFS implement a concurrent closure of the EEZ off Georgia. NMFS determined that Georgia's request for an EEZ closure conformed with the procedures and criteria specified in the FMP and the Magnuson- Stevens Act, and, therefore, implemented the concurrent EEZ closure effective as of January 24, 2018 (83 FR 3404, January 25, 2018). During the closure, as specified in 50 CFR 622.206(a)(2), no person could: (1) Trawl for brown, pink, or white shrimp in the EEZ off Georgia; (2) possess on board a fishing vessel brown, pink, or white shrimp in or from the EEZ off Georgia unless the vessel is in transit through the area and all nets with a mesh size of less than 4 inches (10.2 cm) are stowed below deck; or (3) for a vessel trawling within 25 nautical miles of the baseline from which the territorial sea is measured, use or have on board a trawl net with a mesh size less than 4 inches (10.2 cm), as measured between the centers of opposite knots when pulled taut. The FMP and implementing regulations at 50 CFR 622.206(a) state that: (1) The closure will be effective until the ending date of the closure in the state waters, but may be ended earlier based on the state's request; and (2) if the closure is ended through a state's request, NMFS will terminate the closure of the EEZ by filing a notification to that effect with the Office of the Federal Register. On May 16, 2018, the state of Georgia requested the EEZ be reopened as soon as possible, based on their biological sampling. The state of Georgia is continuing its monitoring of both water conditions and the penaeid shrimp population in state waters but has not yet determined when the state waters reopening will occur. Therefore, NMFS publishes this notification to reopen the EEZ off Georgia to the harvest of brown, pink, [[Page 23826]] and white shrimp effective 12:01 a.m., local time, May 18, 2018. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B). Allowing prior notice and opportunity for public comment on the reopening is unnecessary because the rule establishing the reopening procedures has already been subject to notice and comment, and all that remains is to notify the public of the reopening date. Additionally, allowing for prior notice and opportunity for public comment for this reopening is contrary to the public interest because it requires time, thus delaying the removal of a restriction and thereby reducing socio-economic benefits to the shrimp fishery. Also, the FMP procedures and implementing regulations require the penaeid shrimp trawling component based on the state's request, which Georgia requested to be as soon as possible. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in effectiveness of this action under 5 U.S.C. 553(d)(3). This action is authorized by 50 CFR 622.206(a) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: May 18, 2018. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-11009 Filed 5-18-18; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations 23825
Dated: April 30, 2018. Parts per Under 50 CFR 622.206(a), NMFS may
Commodity
Daniel Rosenblatt, million close the EEZ adjacent to South Atlantic
Acting Director, Registration Division, Office states that have closed their waters to
of Pesticide Programs. * * * * * the harvest of brown, pink, and white
Therefore, 40 CFR chapter I is shrimp to protect the white shrimp
Vegetable, Brassica, head and
amended as follows: stem, group 5–16 .................... 2.0
spawning stock that has been severely
Vegetable, leaves of root and depleted by cold weather or when
PART 180—[AMENDED] tuber, group 2 ......................... 5.0 applicable state water temperatures are
9 °C (48 °F), or less, for at least 7
■ 1. The authority citation for part 180 * * * * * consecutive days. Consistent with those
continues to read as follows: procedures and criteria, after
Authority: 21 U.S.C. 321(q), 346a and 371. determining that unusually cold
* * * * * temperatures resulted in water
■ 2. Amend the table in § 180.431(a) as [FR Doc. 2018–10693 Filed 5–22–18; 8:45 am] temperatures of 9 °C (48 °F), or less, for
follows: BILLING CODE 6560–50–P at least 7 consecutive days in its state
■ a. Add alphabetically the entries for waters, the state of Georgia closed its
‘‘Berry, low growing, subgroup 13– waters on January 15, 2018, to the
07G’’;‘‘Brassica, leafy greens, subgroup DEPARTMENT OF COMMERCE harvest of brown, pink, and white
4–16B’’; ‘‘Broccoli, Chinese’’; ‘‘Fruit, shrimp. Georgia subsequently requested
pome, group 11–10’’; ‘‘Fruit, stone, National Oceanic and Atmospheric that NMFS implement a concurrent
group 12–12’’; ‘‘Kohlrabi’’; ‘‘Radish, Administration closure of the EEZ off Georgia.
roots’’; ‘‘Stalk and stem vegetable NMFS determined that Georgia’s
subgroup 22A’’; ‘‘Vegetable, Brassica, 50 CFR Part 622 request for an EEZ closure conformed
head and stem, group 5–16’’; and [Docket No. 120919470–3513–02] with the procedures and criteria
‘‘Vegetable, leaves of root and tuber, specified in the FMP and the Magnuson-
group 2’’. RIN 0648–XG231
Stevens Act, and, therefore,
■ b. Remove the entries for ‘‘Apple’’; implemented the concurrent EEZ
‘‘Asparagus’’; ‘‘Beet, garden, tops’’; Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Shrimp closure effective as of January 24, 2018
‘‘Beet, sugar, tops’’; ‘‘Brassica, head and (83 FR 3404, January 25, 2018).
stem, subgroup 5A’’; ‘‘Brassica, leafy Fishery Off the Southern Atlantic
States; Reopening of the Penaeid During the closure, as specified in 50
greens, subgroup 5B’’; ‘‘Canola, seed’’; CFR 622.206(a)(2), no person could: (1)
‘‘Cranberry’’; ‘‘Fruit, stone, group 12’’; Shrimp Fishery Off Georgia
Trawl for brown, pink, or white shrimp
‘‘Strawberry’’; and ‘‘Turnip, greens’’. AGENCY: National Marine Fisheries in the EEZ off Georgia; (2) possess on
The additions read as follows: Service (NMFS), National Oceanic and board a fishing vessel brown, pink, or
Atmospheric Administration (NOAA), white shrimp in or from the EEZ off
§ 180.431 Clopyralid; Tolerances for
residues.
Commerce. Georgia unless the vessel is in transit
ACTION: Temporary rule; reopening. through the area and all nets with a
(a) * * *
mesh size of less than 4 inches (10.2 cm)
SUMMARY: NMFS reopens the exclusive are stowed below deck; or (3) for a
Parts per economic zone (EEZ) off Georgia in the
Commodity vessel trawling within 25 nautical miles
million
South Atlantic to trawling for penaeid of the baseline from which the territorial
shrimp, i.e., for brown, pink, and white sea is measured, use or have on board
* * * * * shrimp. NMFS previously closed a trawl net with a mesh size less than
penaeid shrimp trawling in the EEZ off 4 inches (10.2 cm), as measured
Berry, low growing, subgroup Georgia on January 24, 2018. The between the centers of opposite knots
13–07G ................................... 4.0 reopening is intended to maximize
Brassica, leafy greens, subgroup
when pulled taut.
harvest benefits while protecting the The FMP and implementing
4–16B ...................................... 5.0 penaeid shrimp resource. regulations at 50 CFR 622.206(a) state
* * * * * DATES: The reopening is effective at that: (1) The closure will be effective
12:01 a.m., local time, May 18, 2018, until the ending date of the closure in
Broccoli, Chinese ........................ 2.0 until the effective date of a notification the state waters, but may be ended
of a closure which will be published in earlier based on the state’s request; and
* * * * * the Federal Register. (2) if the closure is ended through a
FOR FURTHER INFORMATION CONTACT: state’s request, NMFS will terminate the
Fruit, pome, group 11–10 ........... 0.05 Frank Helies, 727–824–5305; email:
Fruit, stone, group 12–12 ........... 0.50 closure of the EEZ by filing a
Frank.Helies@noaa.gov. notification to that effect with the Office
* * * * * SUPPLEMENTARY INFORMATION: Penaeid of the Federal Register. On May 16,
shrimp in the South Atlantic are 2018, the state of Georgia requested the
Kohlrabi ....................................... 2.0 managed under the Fishery EEZ be reopened as soon as possible,
Management Plan for the Shrimp based on their biological sampling. The
* * * * * Fishery of the South Atlantic Region state of Georgia is continuing its
(FMP). The FMP was prepared by the monitoring of both water conditions and
daltland on DSKBBV9HB2PROD with RULES
Radish, roots .............................. 0.30 South Atlantic Fishery Management the penaeid shrimp population in state
* * * * *
Council (Council) and is implemented waters but has not yet determined when
under the authority of the Magnuson- the state waters reopening will occur.
Stalk and stem vegetable sub- Stevens Fishery Conservation and Therefore, NMFS publishes this
group 22A ............................... 1.0 Management Act (Magnuson-Stevens notification to reopen the EEZ off
Act) by regulations at 50 CFR part 622. Georgia to the harvest of brown, pink,
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![23826 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations
and white shrimp effective 12:01 a.m., procedures has already been subject to For the aforementioned reasons, the
local time, May 18, 2018. notice and comment, and all that AA also finds good cause to waive the
remains is to notify the public of the 30-day delay in effectiveness of this
Classification
reopening date. Additionally, allowing action under 5 U.S.C. 553(d)(3).
This action responds to the best for prior notice and opportunity for
available information recently obtained This action is authorized by 50 CFR
public comment for this reopening is
from the fishery. The Assistant 622.206(a) and is exempt from review
contrary to the public interest because it
Administrator for Fisheries, NOAA, requires time, thus delaying the removal under Executive Order 12866.
(AA), finds good cause to waive the of a restriction and thereby reducing Authority: 16 U.S.C. 1801 et seq.
requirement to provide prior notice and socio-economic benefits to the shrimp Dated: May 18, 2018.
opportunity for public comment fishery. Also, the FMP procedures and
pursuant to the authority set forth at 5 Alan D. Risenhoover,
implementing regulations require the
U.S.C. 553(b)(B). Allowing prior notice penaeid shrimp trawling component Director, Office of Sustainable Fisheries,
and opportunity for public comment on based on the state’s request, which National Marine Fisheries Service.
the reopening is unnecessary because Georgia requested to be as soon as [FR Doc. 2018–11009 Filed 5–18–18; 4:15 pm]
the rule establishing the reopening possible. BILLING CODE 3510–22–P
daltland on DSKBBV9HB2PROD with RULES
VerDate Sep<11>2014 16:18 May 22, 2018 Jkt 244001 PO 00000 Frm 00052 Fmt 4700 Sfmt 9990 E:\FR\FM\23MYR1.SGM 23MYR1](https://thefederalregister.org/doc/83_FR_23925/page/2.svg)
Document Created: 2018-05-22 23:48:28
Document Modified: 2018-05-22 23:48:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; reopening. | |
| Dates | The reopening is effective at 12:01 a.m., local time, May 18, 2018, until the effective date of a notification of a closure which will be published in the Federal Register. | |
| Contact | Frank Helies, 727-824-5305; email: [email protected] | |
| FR Citation | 83 FR 23825 | |
| RIN Number | 0648-XG23 |
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