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)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 117 (June 18, 2018)
| Page Range | 28169-28169 | |
| FR Document | 2018-13020 |
[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]] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations 28169
DEPARTMENT OF COMMERCE the harvest of brown, pink, and white notice and comment, and all that
shrimp. South Carolina subsequently remains is to notify the public of the
National Oceanic and Atmospheric requested that NMFS implement a reopening date. Additionally, allowing
Administration concurrent closure of the EEZ off South for prior notice and opportunity for
Carolina. public comment for this reopening is
50 CFR Part 622 NMFS determined that South contrary to the public interest because it
Carolina’s request for an EEZ closure requires time, thus delaying the removal
[Docket No. 120919470–3513–02]
conformed with the procedures and of a restriction and thereby reducing
RIN 0648–XG294 criteria specified in the FMP and the socio-economic benefits to the shrimp
Magnuson-Stevens Act, and, therefore, fishery. Also, the FMP procedures and
Fisheries of the Caribbean, Gulf of implemented the concurrent EEZ implementing regulations require the
Mexico, and South Atlantic; Shrimp closure effective as of January 17, 2018 penaeid shrimp trawling component
Fishery Off the Southern Atlantic (83 FR 2931; January 22, 2018). based on the state’s request, which
States; Reopening of the Penaeid During the closure, as specified in 50 South Carolina requested to be on June
Shrimp Fishery Off South Carolina CFR 622.206(a)(2), no person could: (1) 12, 2018, or as soon as possible
AGENCY: National Marine Fisheries Trawl for brown, pink, or white shrimp thereafter.
Service (NMFS), National Oceanic and in the EEZ off South Carolina; (2) For the aforementioned reasons, the
Atmospheric Administration (NOAA), possess on board a fishing vessel brown, AA also finds good cause to waive the
Commerce. pink, or white shrimp in or from the 30-day delay in effectiveness of this
EEZ off South Carolina unless the vessel action under 5 U.S.C. 553(d)(3).
ACTION: Temporary rule; reopening.
is in transit through the area and all nets This action is authorized by 50 CFR
SUMMARY: NMFS reopens the exclusive with a mesh size of less than 4 inches 622.206(a) and is exempt from review
economic zone (EEZ) off South Carolina (10.2 cm) are stowed below deck; or (3) under Executive Order 12866.
in the South Atlantic to trawling for for a vessel trawling within 25 nautical
miles of the baseline from which the Authority: 16 U.S.C. 1801 et seq.
penaeid shrimp, i.e., for brown, pink,
and white shrimp. NMFS previously territorial sea is measured, use or have Dated: June 13, 2018.
closed penaeid shrimp trawling in the on board a trawl net with a mesh size Jennifer M. Wallace,
EEZ off South Carolina on January 17, less than 4 inches (10.2 cm), as Acting Director, Office of Sustainable
2018. The reopening is intended to measured between the centers of Fisheries, National Marine Fisheries Service.
maximize harvest benefits while opposite knots when pulled taut. [FR Doc. 2018–13020 Filed 6–13–18; 4:15 pm]
protecting the penaeid shrimp resource. The FMP and implementing BILLING CODE 3510–22–P
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, June 13, 2018, until the ending date of the closure in
until the effective date of a notification DEPARTMENT OF COMMERCE
the state waters, but may be ended
of a closure which will be published in earlier based on the state’s request; and National Oceanic and Atmospheric
the Federal Register. (2) if the closure is ended through a Administration
FOR FURTHER INFORMATION CONTACT: state’s request, NMFS will terminate the
Frank Helies, 727–824–5305; email: closure of the EEZ by filing a 50 CFR Part 679
Frank.Helies@noaa.gov. notification to that effect with the Office
SUPPLEMENTARY INFORMATION: Penaeid of the Federal Register. The state of [Docket No. 170817779–8161–02]
shrimp in the South Atlantic are South Carolina has requested the EEZ be RIN 0648–XF292
managed under the Fishery reopened on June 13, 2018, at the
Management Plan for the Shrimp earliest, based on their biological Fisheries of the Exclusive Economic
Fishery of the South Atlantic Region sampling. The state of South Carolina is Zone Off Alaska; Alaska Plaice in the
(FMP). The FMP was prepared by the continuing its monitoring of both water Bering Sea and Aleutian Islands
South Atlantic Fishery Management conditions and the penaeid shrimp Management Area
Council (Council) and is implemented population in state waters but has not
under the authority of the Magnuson- yet determined when the state waters AGENCY: National Marine Fisheries
Stevens Fishery Conservation and reopening will occur. Therefore, NMFS Service (NMFS), National Oceanic and
Management Act (Magnuson-Stevens publishes this notification to reopen the Atmospheric Administration (NOAA),
Act) by regulations at 50 CFR part 622. EEZ off South Carolina to the harvest of Commerce.
Under 50 CFR 622.206(a), NMFS may brown, pink, and white shrimp effective ACTION: Temporary rule; apportionment
close the EEZ adjacent to South Atlantic 12:01 a.m., local time, June 13, 2018. of reserves; request for comments.
states that have closed their waters to
the harvest of brown, pink, and white Classification SUMMARY: NMFS apportions amounts of
shrimp to protect the white shrimp This action responds to the best the non-specified reserve to the initial
spawning stock that has been severely available information recently obtained total allowable catch (ITAC) of Bering
depleted by cold weather or when from the fishery. The Assistant Sea and Aleutian Islands (BSAI) Alaska
applicable state water temperatures are Administrator for Fisheries, NOAA, plaice. This action is necessary to allow
9 °C (48 °F), or less, for at least 7 (AA), finds good cause to waive the the fisheries to continue operating. It is
consecutive days. Consistent with those requirement to provide prior notice and intended to promote the goals and
procedures and criteria, after opportunity for public comment objectives of the fishery management
amozie on DSK3GDR082PROD with RULES
determining that unusually cold pursuant to the authority set forth at 5 plan for the BSAI management area.
temperatures resulted in water U.S.C. 553(b)(B). Allowing prior notice DATES: Effective June 15, 2018, through
temperatures of 9 °C (48 °F), or less, for and opportunity for public comment on 2400 hrs, Alaska local time, December
at least 7 consecutive days in its state the reopening is unnecessary because 31, 2018. Comments must be received at
waters, the state of South Carolina the rule establishing the reopening the following address no later than 4:30
closed its waters on January 10, 2018, to procedures has already been subject to p.m., Alaska local time, June 30, 2018.
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Document Created: 2018-06-18 15:50:10
Document Modified: 2018-06-18 15:50:10
| 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, June 13, 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 28169 | |
| RIN Number | 0648-XG29 |
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