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, 2931-2932 [2018-01033]

Download as PDF 2931 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations Dated: January 17, 2018. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. 2. In § 223.102, amend the table in paragraph (e) by adding an entry for ‘‘Ray, giant manta’’ in alphabetical order under the ‘‘Fishes’’ subheading to read as follows: ■ PART 223—THREATENED MARINE AND ANADROMOUS SPECIES 1. The authority citation for part 223 continues to read as follows: ■ Authority: 16 U.S.C. 1531–1543; subpart B, § 223.201–202 also issued under 16 U.S.C. 1361 et seq.; 16 U.S.C. 5503(d) for § 223.206(d)(9). For the reasons set out in the preamble, 50 CFR part 223 is to be amended as follows: § 223.102 Enumeration of threatened marine and anadromous species. * * * (e) * * * * * Species 1 Common name * Fishes * * Ray, giant manta ..... Critical habitat * * * Manta birostris ........ * Citation(s) for listing determination(s) * Description of listed entity Scientific name * * Entire species ......... * * * 83 FR [Insert Federal Register page where the document begins], 1/22/18. * * * ESA rules * * * NA * NA * 1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991). * * * * * FOR FURTHER INFORMATION CONTACT: [FR Doc. 2018–01031 Filed 1–19–18; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120919470–3513–02] RIN 0648–XF955 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 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS closes the exclusive economic zone (EEZ) off South Carolina 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 °C (48 °F), or less, for at least 7 consecutive days. DATES: The closure is effective January 17, 2018, until the effective date of a notification of opening which NOAA will publish in the Federal Register. ethrower on DSK3G9T082PROD with RULES SUMMARY: VerDate Sep<11>2014 15:52 Jan 19, 2018 Jkt 244001 Frank Helies, 727–824–5305; email: Frank.Helies@noaa.gov. 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 MagnusonStevens 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 °C (48 °F), or less, for at least 7 consecutive days. Consistent with those procedures and criteria, the state of South Carolina has determined that unusually cold temperatures have occurred and that state water temperatures have been 9 °C (48 °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 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 populations in its state waters. South Carolina closed its waters on January 10, 2018, to the harvest of brown, pink, and white shrimp, and has requested that 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 January 10, 2018, 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 MagnusonStevens Act, and, therefore, implements the Federal closure effective 12:01 a.m., local time, January 17, 2018. 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. 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 E:\FR\FM\22JAR1.SGM 22JAR1 2932 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 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. DEPARTMENT OF COMMERCE Classification [Docket No. 161020985–7181–02] 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 South Carolina 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 South Carolina 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 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). RIN 0648–XF948 ethrower on DSK3G9T082PROD with RULES Authority: 16 U.S.C. 1801 et seq. Dated: January 17, 2018. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018–01033 Filed 1–17–18; 4:15 pm] BILLING CODE 3510–22–P VerDate Sep<11>2014 15:52 Jan 19, 2018 Jkt 244001 National Oceanic and Atmospheric Administration 50 CFR Part 679 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters) length overall using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the A season apportionment of the 2018 total allowable catch of Pacific cod to be harvested. SUMMARY: Effective January 17, 2018, through 2400 hours, Alaska local time (A.l.t.), December 31, 2018. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands (BSAI) according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The A season apportionment of the 2018 Pacific cod total allowable catch (TAC) specified for vessels using jig gear in the BSAI is 1,529 metric tons (mt) as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017) and inseason adjustment (82 FR 60329, December 20, 2017). The 2018 Pacific cod TAC allocated to catcher vessels less than 60 feet (18.3 meters(m)) length overall (LOA) using hook-and-line or pot gear in the BSAI is 3,627 mt as established by final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017) and inseason DATES: PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 adjustment (82 FR 60329, December 20, 2017. The Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that jig vessels will not be able to harvest 1,400 mt of the A season apportionment of the 2018 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(1). Therefore, in accordance with § 679.20(a)(7)(iv)(C), NMFS apportions 1,400 mt of Pacific cod from the A season jig gear apportionment to the annual amount specified for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. The harvest specifications for Pacific cod included in final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017) and inseason adjustment (82 FR 60329, December 20, 2017) are revised as follows: 129 mt to the A season apportionment and 1,149 mt to the annual amount for vessels using jig gear, and 5,027 mt to catcher vessels less than 60 feet (18.3 m) LOA using hook-andline or pot gear. 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) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the reallocation of Pacific cod specified from jig vessels to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. Since the fishery is currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of January 11, 2018. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of E:\FR\FM\22JAR1.SGM 22JAR1

Agencies

[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Rules and Regulations]
[Pages 2931-2932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01033]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120919470-3513-02]
RIN 0648-XF955


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 exclusive economic zone (EEZ) off South 
Carolina 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 [deg]F), or less, for at least 7 consecutive days.

DATES: The closure is effective January 17, 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 [deg]F), or less, for at least 7 
consecutive days. Consistent with those procedures and criteria, the 
state of South Carolina has determined 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 10, 2018, to the harvest of 
brown, pink, and white shrimp, and has requested that 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 January 
10, 2018, 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, January 17, 2018. 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. 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

[[Page 2932]]

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 South Carolina 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 South Carolina 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 
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: January 17, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2018-01033 Filed 1-17-18; 4:15 pm]
BILLING CODE 3510-22-P

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