[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Rules and Regulations]
[Pages 30034-30035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12750]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 930792-3265]
RIN 0648-XA431


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery Off the Southern Atlantic States; Reopening of 
Commercial Penaeid Shrimp Trawling Off South Carolina

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reopening.

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SUMMARY: NMFS reopens commercial penaeid shrimp trawling, i.e., for 
brown, pink, and white shrimp, in the exclusive economic zone (EEZ) off 
South Carolina in the South Atlantic. NMFS previously closed commercial 
penaeid shrimp trawling in the EEZ off South Carolina on March 22, 
2011. The reopening is intended to maximize harvest benefits while 
protecting the penaeid shrimp resource.

DATES: The reopening is effective 12:01 a.m., local time, June 7, 2011, 
until the effective date of a notification of a closure which will be 
published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Dr. Steve Branstetter, 727-824-5305; 
e-mail: [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 622.35(d)(1), 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. Consistent with those 
procedures and criteria, after determining that unusually cold 
temperatures resulted in at least an 80-percent reduction of the white 
shrimp populations in its state waters, the state of South Carolina 
closed its waters on January 10, 2011, to the harvest of brown, pink, 
and white shrimp. South Carolina subsequently requested that the 
Council and NMFS implement a concurrent closure of the EEZ off South 
Carolina.
    The Council approved South Carolina's request and requested that 
NMFS concurrently close the EEZ off South Carolina to the harvest of 
brown, pink, and white shrimp. NMFS determined that the recommended 
closure conformed with the procedures and criteria specified in the FMP 
and the Magnuson-Stevens Act, and, therefore, implemented the closure 
effective as of March 22, 2011 (76 FR 16698, March 25, 2011).
    During the closure, as specified in 50 CFR 622.35(d)(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 622.35(d) state 
that: (1) The closure will be effective until the state's requested 
ending date of the closure in the respective state's waters, but may be 
ended earlier based on the state's request; and (2) if the state 
closure is ended earlier, NMFS will terminate the closure of the EEZ by 
filing a notification to that effect with the Office of the Federal 
Register. Based on biological sampling and the initial request from the 
state of South Carolina, the reopening of the EEZ waters off South 
Carolina would occur no later than June 7, 2011. 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 7, 2011.

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

[[Page 30035]]

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 socioeconomic benefits to the 
commercial sector. Also, the FMP procedures and implementing 
regulations require the commercial penaeid shrimp trawling component to 
reopen on June 7, 2011.
    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 622.35(d) and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: May 19, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-12750 Filed 5-23-11; 8:45 am]
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