83 FR 2931 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery Off the Southern Atlantic States; Closure of the Penaeid Shrimp Fishery Off South Carolina
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 14 (January 22, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 14 (January 22, 2018)
| Page Range | 2931-2932 | |
| FR Document | 2018-01033 |
[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)] [Rules and Regulations] [Pages 2931-2932] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01033] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120919470-3513-02] RIN 0648-XF955 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery Off the Southern Atlantic States; Closure of the Penaeid Shrimp Fishery Off South Carolina AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS closes the exclusive economic zone (EEZ) off South Carolina in the South Atlantic to trawling for penaeid shrimp, i.e., brown, pink, and white shrimp. This closure is necessary to protect the spawning stock of white shrimp that has been subject to unusually cold weather conditions where state water temperatures have been 9 [deg]C (48 [deg]F), or less, for at least 7 consecutive days. DATES: The closure is effective January 17, 2018, until the effective date of a notification of opening which NOAA will publish in the Federal Register. FOR FURTHER INFORMATION CONTACT: Frank Helies, 727-824-5305; email: [email protected]. SUPPLEMENTARY INFORMATION: The penaeid shrimp fishery of the South Atlantic is 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. Amendment 9 to the FMP revised the criteria and procedures by which a South Atlantic state may request a concurrent closure of the EEZ to the harvest of penaeid shrimp when state waters close as a result of severe winter weather (78 FR 35571, June 13, 2013). 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, the state of South Carolina has determined that unusually cold temperatures have occurred and that state water temperatures have been 9 [deg]C (48 [deg]F), or less, for at least 7 consecutive days and that these cold weather conditions pose a risk to the condition and vulnerability of overwintering white shrimp populations in its state waters. South Carolina closed its waters on January 10, 2018, to the harvest of brown, pink, and white shrimp, and has requested that NMFS implement a concurrent closure of the EEZ off South Carolina. In accordance with the procedures described in the FMP, the state of South Carolina submitted a letter to the NMFS Regional Administrator (RA) on January 10, 2018, requesting that NMFS close the EEZ adjacent to South Carolina to penaeid shrimp harvest as a result of severe cold weather conditions. NMFS has determined that the recommended Federal closure conforms with the procedures and criteria specified in the FMP and the Magnuson- Stevens Act, and, therefore, implements the Federal closure effective 12:01 a.m., local time, January 17, 2018. The closure will be effective until the ending date of the closure in South Carolina state waters, but may be ended earlier based on a request from the state. NMFS will terminate the closure of the EEZ by filing a notification to that effect with the Office of the Federal Register. During the closure, as specified in 50 CFR 622.206(a)(2), no person may: (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), as measured between the centers of opposite knots when pulled taut, are stowed below deck; or (3) for a vessel trawling within 25 nautical [[Page 2932]] 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. Classification The Regional Administrator for the NMFS Southeast Region has determined this temporary rule is necessary for the conservation and management of the spawning stock of white shrimp off South Carolina and is consistent with the FMP, the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.206(a) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act because the temporary rule is issued without opportunity for prior notice and comment. This action responds to the best scientific information available recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, (AA), finds that the need to immediately implement this action to close the EEZ off South Carolina to trawling for penaeid shrimp constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such procedures would be unnecessary because the rule itself has been subject to notice and comment, and all that remains is to notify the public of the closure. Providing prior notice and opportunity for public comment also is contrary to the public interest because of the need to immediately implement this action to protect the spawning stock of white shrimp off South Carolina. Prior notice and opportunity for public comment would require time and would potentially further harm the spawning stock that has been impacted due to cold weather. 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). Authority: 16 U.S.C. 1801 et seq. Dated: January 17, 2018. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-01033 Filed 1-17-18; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 2931
Dated: January 17, 2018. PART 223—THREATENED MARINE ■ 2. In § 223.102, amend the table in
Samuel D. Rauch, III, AND ANADROMOUS SPECIES paragraph (e) by adding an entry for
Deputy Assistant Administrator for ‘‘Ray, giant manta’’ in alphabetical order
Regulatory Programs, National Marine ■ 1. The authority citation for part 223 under the ‘‘Fishes’’ subheading to read
Fisheries Service. continues to read as follows: as follows:
For the reasons set out in the Authority: 16 U.S.C. 1531–1543; subpart § 223.102 Enumeration of threatened
preamble, 50 CFR part 223 is to be B, § 223.201–202 also issued under 16 U.S.C. marine and anadromous species.
amended as follows: 1361 et seq.; 16 U.S.C. 5503(d) for * * * * *
§ 223.206(d)(9). (e) * * *
Species 1
Citation(s) for listing determination(s) Critical habitat ESA rules
Description of listed
Common name Scientific name entity
* * * * * * *
Fishes
* * * * * * *
Ray, giant manta ..... Manta birostris ........ Entire species ......... 83 FR [Insert Federal Register page NA NA
where the document begins], 1/22/18.
* * * * * * *
1 Species
includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7,
1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).
* * * * * FOR FURTHER INFORMATION CONTACT: populations in its state waters. South
[FR Doc. 2018–01031 Filed 1–19–18; 8:45 am] Frank Helies, 727–824–5305; email: Carolina closed its waters on January 10,
BILLING CODE 3510–22–P Frank.Helies@noaa.gov. 2018, to the harvest of brown, pink, and
SUPPLEMENTARY INFORMATION: The white shrimp, and has requested that
penaeid shrimp fishery of the South NMFS implement a concurrent closure
DEPARTMENT OF COMMERCE Atlantic is managed under the Fishery of the EEZ off South Carolina. In
Management Plan for the Shrimp accordance with the procedures
National Oceanic and Atmospheric described in the FMP, the state of South
Fishery of the South Atlantic Region
Administration Carolina submitted a letter to the NMFS
(FMP). The FMP was prepared by the
South Atlantic Fishery Management Regional Administrator (RA) on January
50 CFR Part 622 10, 2018, requesting that NMFS close
Council (Council) and is implemented
[Docket No. 120919470–3513–02] under the authority of the Magnuson- the EEZ adjacent to South Carolina to
Stevens Fishery Conservation and penaeid shrimp harvest as a result of
RIN 0648–XF955
Management Act (Magnuson-Stevens severe cold weather conditions.
Fisheries of the Caribbean, Gulf of Act) by regulations at 50 CFR part 622. NMFS has determined that the
Mexico, and South Atlantic; Shrimp Amendment 9 to the FMP revised the recommended Federal closure conforms
Fishery Off the Southern Atlantic criteria and procedures by which a with the procedures and criteria
States; Closure of the Penaeid Shrimp South Atlantic state may request a specified in the FMP and the Magnuson-
Fishery Off South Carolina concurrent closure of the EEZ to the Stevens Act, and, therefore, implements
harvest of penaeid shrimp when state the Federal closure effective 12:01 a.m.,
AGENCY: National Marine Fisheries waters close as a result of severe winter local time, January 17, 2018. The
Service (NMFS), National Oceanic and weather (78 FR 35571, June 13, 2013). closure will be effective until the ending
Atmospheric Administration (NOAA), Under 50 CFR 622.206(a), NMFS may date of the closure in South Carolina
Commerce. close the EEZ adjacent to South Atlantic state waters, but may be ended earlier
ACTION: Temporary rule; closure. states that have closed their waters to based on a request from the state. NMFS
the harvest of brown, pink, and white will terminate the closure of the EEZ by
SUMMARY: NMFS closes the exclusive shrimp to protect the white shrimp filing a notification to that effect with
economic zone (EEZ) off South Carolina spawning stock that has been severely the Office of the Federal Register.
in the South Atlantic to trawling for depleted by cold weather or when During the closure, as specified in 50
penaeid shrimp, i.e., brown, pink, and applicable state water temperatures are CFR 622.206(a)(2), no person may: (1)
white shrimp. This closure is necessary 9 °C (48 °F), or less, for at least 7 Trawl for brown, pink, or white shrimp
to protect the spawning stock of white consecutive days. Consistent with those in the EEZ off South Carolina; (2)
shrimp that has been subject to procedures and criteria, the state of possess on board a fishing vessel brown,
unusually cold weather conditions South Carolina has determined that pink, or white shrimp in or from the
where state water temperatures have unusually cold temperatures have EEZ off South Carolina unless the vessel
ethrower on DSK3G9T082PROD with RULES
been 9 °C (48 °F), or less, for at least 7 occurred and that state water is in transit through the area and all nets
consecutive days. temperatures have been 9 °C (48 °F), or with a mesh size of less than 4 inches
DATES: The closure is effective January less, for at least 7 consecutive days and (10.2 cm), as measured between the
17, 2018, until the effective date of a that these cold weather conditions pose centers of opposite knots when pulled
notification of opening which NOAA a risk to the condition and vulnerability taut, are stowed below deck; or (3) for
will publish in the Federal Register. of overwintering white shrimp a vessel trawling within 25 nautical
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![2932 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations
miles of the baseline from which the DEPARTMENT OF COMMERCE adjustment (82 FR 60329, December 20,
territorial sea is measured, use or have 2017.
on board a trawl net with a mesh size National Oceanic and Atmospheric The Administrator, Alaska Region,
less than 4 inches (10.2 cm), as Administration NMFS, (Regional Administrator) has
measured between the centers of determined that jig vessels will not be
opposite knots when pulled taut. 50 CFR Part 679 able to harvest 1,400 mt of the A season
[Docket No. 161020985–7181–02]
apportionment of the 2018 Pacific cod
Classification TAC allocated to those vessels under
The Regional Administrator for the RIN 0648–XF948 § 679.20(a)(7)(ii)(A)(1). Therefore, in
accordance with § 679.20(a)(7)(iv)(C),
NMFS Southeast Region has determined Fisheries of the Exclusive Economic NMFS apportions 1,400 mt of Pacific
this temporary rule is necessary for the Zone Off Alaska; Reallocation of cod from the A season jig gear
conservation and management of the Pacific Cod in the Bering Sea and apportionment to the annual amount
spawning stock of white shrimp off Aleutian Islands Management Area specified for catcher vessels less than 60
South Carolina and is consistent with feet (18.3 m) LOA using hook-and-line
the FMP, the Magnuson-Stevens Act AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and or pot gear.
and other applicable laws. The harvest specifications for Pacific
Atmospheric Administration (NOAA),
This action is taken under 50 CFR Commerce. cod included in final 2017 and 2018
622.206(a) and is exempt from review harvest specifications for groundfish in
ACTION: Temporary rule; reallocation.
under Executive Order 12866. the BSAI (82 FR 11826, February 27,
These measures are exempt from the SUMMARY: NMFS is reallocating the 2017) and inseason adjustment (82 FR
procedures of the Regulatory Flexibility projected unused amount of Pacific cod 60329, December 20, 2017) are revised
Act because the temporary rule is issued from vessels using jig gear to catcher as follows: 129 mt to the A season
vessels less than 60 feet (18.3 meters) apportionment and 1,149 mt to the
without opportunity for prior notice and
length overall using hook-and-line or annual amount for vessels using jig gear,
comment.
pot gear in the Bering Sea and Aleutian and 5,027 mt to catcher vessels less than
This action responds to the best Islands management area. This action is 60 feet (18.3 m) LOA using hook-and-
scientific information available recently necessary to allow the A season line or pot gear.
obtained from the fishery. The Assistant apportionment of the 2018 total
Administrator for Fisheries, NOAA, Classification
allowable catch of Pacific cod to be
(AA), finds that the need to immediately harvested. This action responds to the best
implement this action to close the EEZ available information recently obtained
off South Carolina to trawling for DATES: Effective January 17, 2018, from the fishery. The Assistant
through 2400 hours, Alaska local time Administrator for Fisheries, NOAA
penaeid shrimp constitutes good cause
(A.l.t.), December 31, 2018. (AA), finds good cause to waive the
to waive the requirements to provide
prior notice and opportunity for public FOR FURTHER INFORMATION CONTACT: Josh requirement to provide prior notice and
comment pursuant to the authority set Keaton, 907–586–7228. opportunity for public comment
forth in 5 U.S.C. 553(b)(B), as such SUPPLEMENTARY INFORMATION: NMFS pursuant to the authority set forth at 5
procedures would be unnecessary manages the groundfish fishery in the U.S.C. 553(b)(B) as such requirement is
because the rule itself has been subject Bering Sea and Aleutian Islands (BSAI) impracticable and contrary to the public
to notice and comment, and all that according to the Fishery Management interest. This requirement is
Plan for Groundfish of the Bering Sea impracticable and contrary to the public
remains is to notify the public of the
and Aleutian Islands Management Area interest as it would prevent NMFS from
closure.
(FMP) prepared by the North Pacific responding to the most recent fisheries
Providing prior notice and Fishery Management Council under data in a timely fashion and would
opportunity for public comment also is authority of the Magnuson-Stevens delay the reallocation of Pacific cod
contrary to the public interest because Fishery Conservation and Management specified from jig vessels to catcher
of the need to immediately implement Act. Regulations governing fishing by vessels less than 60 feet (18.3 m) LOA
this action to protect the spawning stock U.S. vessels in accordance with the FMP using hook-and-line or pot gear. Since
of white shrimp off South Carolina. appear at subpart H of 50 CFR part 600 the fishery is currently open, it is
Prior notice and opportunity for public and 50 CFR part 679. important to immediately inform the
comment would require time and would The A season apportionment of the industry as to the revised allocations.
potentially further harm the spawning 2018 Pacific cod total allowable catch Immediate notification is necessary to
stock that has been impacted due to (TAC) specified for vessels using jig gear allow for the orderly conduct and
cold weather. in the BSAI is 1,529 metric tons (mt) as efficient operation of this fishery, to
established by the final 2017 and 2018 allow the industry to plan for the fishing
For the aforementioned reasons, the season, and to avoid potential
harvest specifications for groundfish in
AA also finds good cause to waive the disruption to the fishing fleet as well as
the BSAI (82 FR 11826, February 27,
30-day delay in effectiveness of this 2017) and inseason adjustment (82 FR processors. NMFS was unable to
action under 5 U.S.C. 553(d)(3). 60329, December 20, 2017). publish a notice providing time for
Authority: 16 U.S.C. 1801 et seq. The 2018 Pacific cod TAC allocated to public comment because the most
catcher vessels less than 60 feet (18.3 recent, relevant data only became
ethrower on DSK3G9T082PROD with RULES
Dated: January 17, 2018.
meters(m)) length overall (LOA) using available as of January 11, 2018.
Alan D. Risenhoover,
hook-and-line or pot gear in the BSAI is The AA also finds good cause to
Director, Office of Sustainable Fisheries, 3,627 mt as established by final 2017 waive the 30-day delay in the effective
National Marine Fisheries Service. and 2018 harvest specifications for date of this action under 5 U.S.C.
[FR Doc. 2018–01033 Filed 1–17–18; 4:15 pm] groundfish in the BSAI (82 FR 11826, 553(d)(3). This finding is based upon
BILLING CODE 3510–22–P February 27, 2017) and inseason the reasons provided above for waiver of
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Document Created: 2018-01-23 21:35:29
Document Modified: 2018-01-23 21:35:29
| 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; closure. | |
| Dates | The closure is effective January 17, 2018, until the effective date of a notification of opening which NOAA will publish in the Federal Register. | |
| Contact | Frank Helies, 727-824-5305; email: [email protected] | |
| FR Citation | 83 FR 2931 | |
| RIN Number | 0648-XF95 |
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