83 FR 3404 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery off the Southern Atlantic States; Closure of the Penaeid Shrimp Fishery off Georgia
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 17 (January 25, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 17 (January 25, 2018)
| Page Range | 3404-3405 | |
| FR Document | 2018-01386 |
[Federal Register Volume 83, Number 17 (Thursday, January 25, 2018)] [Rules and Regulations] [Pages 3404-3405] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01386] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120919470-3513-02] RIN 0648-XF965 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery off the Southern Atlantic States; Closure of the Penaeid Shrimp Fishery off Georgia 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 Georgia 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[emsp14][deg]F), or less, for at least 7 consecutive days. DATES: The closure is effective January 24, 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[emsp14][deg]F), or less, for at least 7 consecutive days. Consistent with those [[Page 3405]] procedures and criteria, the state of Georgia has determined that unusually cold temperatures have occurred and that state water temperatures have been 9 [deg]C (48[emsp14][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. Georgia closed its waters on January 15, 2018, to the harvest of brown, pink, and white shrimp, and has requested that NMFS implement a concurrent closure of the EEZ off Georgia. In accordance with the procedures described in the FMP, the state of Georgia submitted a letter to the NMFS Regional Administrator (RA) on January 17, 2018, requesting that NMFS close the EEZ adjacent to Georgia 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 January 24, 2018. The closure will be effective until the ending date of the closure in Georgia 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 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), as measured between the centers of opposite knots when pulled taut, 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. 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 Georgia 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 Georgia 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 Georgia. 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 22, 2018. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018-01386 Filed 1-24-18; 8:45 am] BILLING CODE 3510-22-P
![3404 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Rules and Regulations
Georgia, and Florida. The southern zone Classification DEPARTMENT OF COMMERCE
boundaries for Atlantic Spanish
mackerel extend from the border of The Regional Administrator for the National Oceanic and Atmospheric
North Carolina and South Carolina, NMFS Southeast Region has determined Administration
which is a line extending in a direction this temporary rule is necessary for the
of 135°34′55″ from true north beginning conservation and management of 50 CFR Part 622
at 33°51′07.9″ N lat. and 78°32′32.6″ W Atlantic Spanish mackerel and is
[Docket No. 120919470–3513–02]
long., and proceed south to the consistent with the Magnuson-Stevens
intersection point with the outward Act and other applicable laws. RIN 0648–XF965
boundary of the EEZ, at 25°20′24″ N lat., This action is taken under 50 CFR Fisheries of the Caribbean, Gulf of
which is a line directly east from the 622.385(b)(1)(ii)(B) and is exempt from Mexico, and South Atlantic; Shrimp
border of Miami-Dade and Monroe review under Executive Order 12866. Fishery off the Southern Atlantic
Counties, Florida.
These measures are exempt from the States; Closure of the Penaeid Shrimp
The southern zone commercial quota procedures of the Regulatory Flexibility Fishery off Georgia
for Atlantic Spanish mackerel is Act, because the temporary rule is
2,667,330 lb (1,209,881 kg). Seasonally AGENCY: National Marine Fisheries
issued without opportunity for prior Service (NMFS), National Oceanic and
variable trip limits are based on an notice and opportunity for comment.
adjusted commercial quota of 2,417,330 Atmospheric Administration (NOAA),
lb (1,096,482 kg). The adjusted This action responds to the best Commerce.
commercial quota is calculated to allow scientific information available. The ACTION: Temporary rule; closure.
continued harvest in the southern zone NOAA Assistant Administrator for
Fisheries (AA) finds that the need to SUMMARY: NMFS closes the exclusive
at a set rate for the remainder of the economic zone (EEZ) off Georgia in the
current fishing year, through February immediately reduce the trip limit for the
South Atlantic to trawling for penaeid
28, 2018, in accordance with 50 CFR commercial sector for Atlantic Spanish
shrimp, i.e., brown, pink, and white
622.385(b)(2). Regulations at 50 CFR mackerel constitutes good cause to
shrimp. This closure is necessary to
622.384(c)(2)(iii) allow for quota waive the requirements to provide prior protect the spawning stock of white
transfers between the northern and notice and the opportunity for public shrimp that has been subject to
southern zones with NMFS approval. comment pursuant to 5 U.S.C. 553(b)(B) unusually cold weather conditions
On October 30, 2017, the State of as such procedures are unnecessary and where state water temperatures have
Florida sent a letter to NMFS, requesting contrary to the public interest. Such been 9 °C (48 °F), or less, for at least 7
a transfer of 100,000 lb (45,359 kg) of procedures are unnecessary because the consecutive days.
the 2017–2018 Spanish mackerel rules implementing the quotas and trip DATES: The closure is effective January
commercial quota from the southern limits have already been subject to 24, 2018, until the effective date of a
zone to the northern zone, as per the notice and comment, and all that notification of opening which NOAA
requirements of 50 CFR remains is to notify the public of the trip will publish in the Federal Register.
622.384(c)(2)(iii). On November 1, 2017, limit reduction. FOR FURTHER INFORMATION CONTACT:
NMFS notified the respective states that
the quota transfer was approved. Prior notice and opportunity for Frank Helies, 727–824–5305; email:
Accordingly, the revised commercial public comment is contrary to the Frank.Helies@noaa.gov.
quota for the 2017–2018 fishing year for public interest, because any delay in the SUPPLEMENTARY INFORMATION: The
the Atlantic Spanish mackerel northern trip limit reduction of the commercial penaeid shrimp fishery of the South
zone is 762,670 lb (345,941 kg) and the harvest could result in the commercial Atlantic is managed under the Fishery
revised commercial quota for the quota being exceeded. There is a need Management Plan for the Shrimp
southern zone is 2,567,330 lb (1,164,521 to immediately implement this action to Fishery of the South Atlantic Region
kg). protect the Atlantic Spanish mackerel (FMP). The FMP was prepared by the
resource, because the capacity of the South Atlantic Fishery Management
As specified at 50 CFR Council (Council) and is implemented
622.385(b)(1)(ii)(B), after 75 percent of fishing fleet allows for rapid harvest of
the commercial quota. Prior notice and under the authority of the Magnuson-
the adjusted commercial quota of Stevens Fishery Conservation and
Atlantic Spanish mackerel is reached or opportunity for public comment would
require additional time and could Management Act (Magnuson-Stevens
projected to be reached, Spanish Act) by regulations at 50 CFR part 622.
mackerel in or from the EEZ in the potentially result in a harvest well in
Amendment 9 to the FMP revised the
southern zone may not be possessed excess of the established commercial
criteria and procedures by which a
onboard or landed from a permitted quota. South Atlantic state may request a
vessel in amounts exceeding 1,500 lb For the aforementioned reasons, the concurrent closure of the EEZ to the
(680 kg) per day. AA also finds good cause to waive the harvest of penaeid shrimp when state
NMFS has determined that 75 percent 30-day delay in effectiveness of this waters close as a result of severe winter
of the adjusted commercial quota for action under 5 U.S.C. 553(d)(3). weather (78 FR 35571, June 13, 2013).
Atlantic Spanish mackerel has been Authority: 16 U.S.C. 1801 et seq. Under 50 CFR 622.206(a), NMFS may
reached. Accordingly, the commercial close the EEZ adjacent to South Atlantic
trip limit of 1,500 lb (680 kg) per day Dated: January 22, 2018. states that have closed their waters to
sradovich on DSK3GMQ082PROD with RULES
applies to Atlantic Spanish mackerel in Samuel D. Rauch, III, the harvest of brown, pink, and white
or from the EEZ in the southern zone Deputy Assistant Administrator for shrimp to protect the white shrimp
effective 6 a.m., local time, on January Regulatory Programs, National Marine spawning stock that has been severely
27, 2018, until 12:01 a.m., local time, Fisheries Service. depleted by cold weather or when
March 1, 2018, unless changed by [FR Doc. 2018–01385 Filed 1–24–18; 8:45 am] applicable state water temperatures are
subsequent notification in the Federal BILLING CODE 3510–22–P 9 °C (48 °F), or less, for at least 7
Register. consecutive days. Consistent with those
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![Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Rules and Regulations 3405
procedures and criteria, the state of Act because the temporary rule is issued State of New Jersey, and the State of
Georgia has determined that unusually without opportunity for prior notice and North Carolina is transferring quota to
cold temperatures have occurred and comment. the Commonwealth of Virginia. These
that state water temperatures have been This action responds to the best quota adjustments are necessary to
9 °C (48 °F), or less, for at least 7 scientific information available recently comply with the Summer Flounder,
consecutive days and that these cold obtained from the fishery. The Assistant Scup, and Black Sea Bass Fishery
weather conditions pose a risk to the Administrator for Fisheries, NOAA, Management Plan quota transfer
condition and vulnerability of (AA), finds that the need to immediately provisions. This announcement informs
overwintering white shrimp populations implement this action to close the EEZ the public of the revised 2017
in its state waters. Georgia closed its off Georgia to trawling for penaeid commercial quotas for New York, New
waters on January 15, 2018, to the shrimp constitutes good cause to waive Jersey, North Carolina, and Virginia.
harvest of brown, pink, and white the requirements to provide prior notice DATES: Effective January 24, 2018,
shrimp, and has requested that NMFS and opportunity for public comment through December 31, 2018.
implement a concurrent closure of the pursuant to the authority set forth in 5 FOR FURTHER INFORMATION CONTACT:
EEZ off Georgia. In accordance with the U.S.C. 553(b)(B), as such procedures Cynthia Hanson, Fishery Management
procedures described in the FMP, the would be unnecessary because the rule Specialist, (978) 281–9180.
state of Georgia submitted a letter to the itself has been subject to notice and
SUPPLEMENTARY INFORMATION:
NMFS Regional Administrator (RA) on comment, and all that remains is to
January 17, 2018, requesting that NMFS Regulations governing the summer
notify the public of the closure.
close the EEZ adjacent to Georgia to Providing prior notice and flounder fishery are found in 50 CFR
penaeid shrimp harvest as a result of opportunity for public comment also is 648.100 through 648.110. These
severe cold weather conditions. contrary to the public interest because regulations require annual specification
NMFS has determined that the of the need to immediately implement of a commercial quota that is
recommended Federal closure conforms this action to protect the spawning stock apportioned among the coastal states
with the procedures and criteria of white shrimp off Georgia. Prior notice from Maine through North Carolina. The
specified in the FMP and the Magnuson- and opportunity for public comment process to set the annual commercial
Stevens Act, and, therefore, implements would require time and would quota and the percent allocated to each
the Federal closure effective January 24, potentially further harm the spawning state is described in § 648.102, and the
2018. The closure will be effective until stock that has been impacted due to initial 2017 allocations were published
the ending date of the closure in Georgia cold weather. on December 22, 2016 (81 FR 93842).
state waters, but may be ended earlier For the aforementioned reasons, the The final rule implementing
based on a request from the state. NMFS AA also finds good cause to waive the Amendment 5 to the Summer Flounder
will terminate the closure of the EEZ by 30-day delay in effectiveness of this Fishery Management Plan, as published
filing a notification to that effect with action under 5 U.S.C. 553(d)(3). in the Federal Register on December 17,
the Office of the Federal Register. 1993 (58 FR 65936), provided a
Authority: 16 U.S.C. 1801 et seq. mechanism for transferring summer
During the closure, as specified in 50
CFR 622.206(a)(2), no person may: (1) Dated: January 22, 2018. flounder commercial quota from one
Trawl for brown, pink, or white shrimp Samuel D. Rauch III, state to another. Two or more states,
in the EEZ off Georgia; (2) possess on Deputy Assistant Administrator for under mutual agreement and with the
board a fishing vessel brown, pink, or Regulatory Programs, National Marine concurrence of the NMFS Greater
white shrimp in or from the EEZ off Fisheries Service. Atlantic Regional Administrator, can
Georgia unless the vessel is in transit [FR Doc. 2018–01386 Filed 1–24–18; 8:45 am] transfer or combine summer flounder
through the area and all nets with a BILLING CODE 3510–22–P commercial quota under § 648.102(c)(2).
mesh size of less than 4 inches (10.2 The Regional Administrator is required
cm), as measured between the centers of to consider the criteria in
opposite knots when pulled taut, are DEPARTMENT OF COMMERCE § 648.102(c)(2)(i)(A) through (C) in the
stowed below deck; or (3) for a vessel evaluation of requests for quota transfers
trawling within 25 nautical miles of the National Oceanic and Atmospheric or combinations.
baseline from which the territorial sea is Administration This action includes two transfers of
measured, use or have on board a trawl fishing year 2017 summer flounder
net with a mesh size less than 4 inches 50 CFR Part 648 commercial quota: New York is
(10.2 cm), as measured between the [Docket No. 161017970–6999–02] transferring 384 lb (174 kg) of quota to
centers of opposite knots when pulled New Jersey; North Carolina is
RIN 0648–XF937 transferring 11,902 lb (5,399 kg) of quota
taut.
to Virginia. Both of these transfers were
Classification Fisheries of the Northeastern United requested to repay landings made in the
States; Summer Flounder Fishery; receiving states under a safe harbor
The Regional Administrator for the
Quota Transfers agreement. The revised summer
NMFS Southeast Region has determined
this temporary rule is necessary for the AGENCY: National Marine Fisheries flounder quotas for calendar year 2017
conservation and management of the Service (NMFS), National Oceanic and are now: New York, 435,380 lb (197,485
spawning stock of white shrimp off Atmospheric Administration (NOAA), kg); New Jersey, 946,516 lb (429,332 kg);
Georgia and is consistent with the FMP, Commerce. North Carolina, 1,524,791 lb (691,634
sradovich on DSK3GMQ082PROD with RULES
the Magnuson-Stevens Act and other ACTION: Temporary rule; quota transfers. kg); and Virginia, 1,228,191 lb (557,098
applicable laws. kg); based on the initial quotas
This action is taken under 50 CFR SUMMARY: NMFS announces two published in the 2017 Summer
622.206(a) and is exempt from review retroactive commercial summer Flounder, Scup, and Black Sea Bass
under Executive Order 12866. flounder quota transfers for the 2017 Specifications and subsequent transfers.
These measures are exempt from the fishing year. The State of New York is The 2017 fishing year ended
procedures of the Regulatory Flexibility transferring a portion of its quota to the December 31, 2017. The revised 2017
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Document Created: 2018-01-25 08:50:33
Document Modified: 2018-01-25 08:50:33
| 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 24, 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 3404 | |
| RIN Number | 0648-XF96 |
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