[Federal Register Volume 79, Number 30 (Thursday, February 13, 2014)]
[Rules and Regulations]
[Pages 8635-8636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03168]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120919470-3513-02]
RIN 0648-XD122
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 penaeid shrimp commercial sector to trawling,
i.e., brown, pink, and white shrimp, in the exclusive economic zone
(EEZ) off South Carolina in the South Atlantic. 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 12:01 a.m., local time, February 13,
2014, until the effective date of a notification of opening which NOAA
will publish in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Kate Michie, 727-570-5305; 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 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, based on the information from
standardized assessments, 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 13, 2014, to the harvest of
brown, pink, and white shrimp, and has requested that the Council and
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
February 5, 2014, 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, February 13, 2014. 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. In
no case will the Federal closure remain effective after May 31, 2014.
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 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 RA, Southeast Region, NMFS, has determined this temporary rule
is necessary for the conservation and management of the spawning stock
of white shrimp off South Carolina and is
[[Page 8636]]
consistent with 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 penaeid shrimp commercial sector in the EEZ
off South Carolina 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 is
contrary to the public interest because of the need to immediately
implement this action to protect the severely depleted 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: February 10, 2014.
Sean F. Corson,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2014-03168 Filed 2-10-14; 4:15 pm]
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