[Federal Register Volume 76, Number 58 (Friday, March 25, 2011)]
[Rules and Regulations]
[Pages 16698-16699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7118]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 930792-3265]
RIN 0648-XA305
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
severely depleted by unusually cold weather conditions.
DATES: The closure is effective March 22, 2011 until the effective date
of a notification of opening which will be published in the Federal
Register.
FOR FURTHER INFORMATION CONTACT: Steve Branstetter, 727-570-5305; fax:
727-570-5583; e-mail: [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.
Under 50 CFR 622.35(d)(1), 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. 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 resulted in at least an 80-percent reduction of
the white shrimp populations in its state waters. South Carolina closed
its waters on January 10, 2011, 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. The Council convened
a review panel on March 2, 2011, to evaluate the data supporting the
states' request. Based on the review panel's recommendation, the
Council approved South Carolina's request and subsequently requested
that NMFS concurrently close the EEZ off South Carolina to the harvest
of brown, pink, and white shrimp. NMFS has determined that the
recommended closure conforms with the procedures and criteria specified
in the FMP and the Magnuson-Stevens Act, and, therefore, implements the
closure effective March 22, 2011. The closure will be effective until
the ending date of the closure in South Carolina, but may be ended
earlier based on a request from the state. In no case will the closure
remain effective after June 6, 2011. 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 622.35(d)(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) 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.
[[Page 16699]]
Classification
This action responds to the best available information 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 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.
Allowing 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).
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: March 22, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-7118 Filed 3-22-11; 4:15 pm]
BILLING CODE 3510-22-P