83 FR 28169 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery Off the Southern Atlantic States; Reopening of the Penaeid Shrimp Fishery Off South Carolina

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 117 (June 18, 2018)

NMFS reopens the exclusive economic zone (EEZ) off South Carolina 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 South Carolina on January 17, 2018. The reopening is intended to maximize harvest benefits while protecting the penaeid shrimp resource.

[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Rules and Regulations]
[Page 28169]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13020]



[[Page 28169]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120919470-3513-02]
RIN 0648-XG294


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery Off the Southern Atlantic States; Reopening of the 
Penaeid Shrimp Fishery Off South Carolina

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

ACTION: Temporary rule; reopening.

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SUMMARY: NMFS reopens the exclusive economic zone (EEZ) off South 
Carolina 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 South Carolina on January 17, 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, June 13, 
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: 
[email protected].

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 [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 [deg]F), or less, for at least 7 
consecutive days in its state waters, the state of South Carolina 
closed its waters on January 10, 2018, to the harvest of brown, pink, 
and white shrimp. South Carolina subsequently requested that NMFS 
implement a concurrent closure of the EEZ off South Carolina.
    NMFS determined that South Carolina'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 17, 2018 (83 FR 2931; January 22, 
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 South 
Carolina; (2) possess on board a fishing vessel brown, pink, or white 
shrimp in or from the EEZ off South Carolina 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. 
The state of South Carolina has requested the EEZ be reopened on June 
13, 2018, at the earliest, based on their biological sampling. The 
state of South Carolina 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 South 
Carolina to the harvest of brown, pink, and white shrimp effective 
12:01 a.m., local time, June 13, 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 South Carolina requested to be on June 12, 2018, or as soon as 
possible thereafter.
    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: June 13, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-13020 Filed 6-13-18; 4:15 pm]
 BILLING CODE 3510-22-P