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)

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.

[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]


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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.

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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