[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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