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)

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.

[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]


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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.

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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