[Federal Register Volume 66, Number 117 (Monday, June 18, 2001)]
[Rules and Regulations]
[Pages 32779-32780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15298]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 060501B]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery off the Southern Atlantic States; Reopening of the 
Penaeid Shrimp Fisheries off South Carolina and Georgia

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

ACTION: Reopening of the penaeid shrimp fisheries in the exclusive 
economic zone (EEZ) off South Carolina and Georgia.

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SUMMARY: NMFS reopens the trawl fishery for penaeid shrimp, i.e., 
brown, pink, and white shrimp, in the EEZ off South Carolina and 
Georgia. This reopening is taken in accordance with the procedures and 
criteria specified in the Fishery Management Plan for the Shrimp 
Fishery of the South Atlantic Region (FMP) and its implementing 
regulations. The reopening is intended to provide optimal utilization 
of these penaeid shrimp resources while protecting the spawning stock 
of white shrimp that has been severely depleted by unusually cold 
weather conditions.

DATES: The reopening is effective 12:01 a.m., eastern daylight savings 
time, June 16, 2001.

FOR FURTHER INFORMATION CONTACT: Dr. Steve Branstetter, 727-570-5305; 
fax: 727-570-5583; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The commercial penaeid shrimp fishery in the 
South Atlantic region is managed under the 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.

Background

    The FMP and implementing regulations at 50 CFR 622.35 (d) provide 
the procedures, criteria, and authority for a concurrent closure of the 
EEZ adjacent to those South Atlantic states that have closed their 
waters to the harvest of brown, pink, and white shrimp to protect the 
white shrimp spawning stock if it has been severely depleted by cold 
weather. Consistent with those procedures and criteria, the States of 
Georgia and South Carolina closed their waters to the harvest of brown, 
pink, and white shrimp and requested that the Council recommend that 
NMFS implement a concurrent closure of the EEZ off Georgia and South 
Carolina. The Council approved the States' requests and in turn 
requested that NMFS concurrently close the EEZ off Georgia and 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 implementing regulations, the 
Magnuson-Stevens Act, and other applicable law. NMFS implemented the 
closure effective March 13, 2001 (66 FR 15357, March 19, 2001).
    During the closure, no person could: (1) Trawl for brown, pink, or 
white shrimp in the EEZ off Georgia or South Carolina; (2) possess on 
board a fishing vessel brown, pink, or white shrimp in or from the EEZ 
off Georgia or 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) use or have on board a vessel trawling in 
that part of the EEZ off Georgia or South Carolina that is within 25 
nautical miles of the baseline from which the territorial sea is 
measured a trawl net with a mesh size less than 4 inches (10.2 cm).

Termination of the Closure

    The FMP and implementing regulations at 50 CFR 622.35 (d) state 
that: (1) The closure will be effective until the ending dates of the 
closures in the respective states' waters, but may be ended earlier 
based on the states' request; and (2) if the EEZ 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, the States of Georgia and South Carolina 
have determined that their respective State's waters will remain closed 
until sometime after June 16, 2001; however, they have requested the 
EEZ adjacent to their State's waters be opened effective 12:01 a.m. on 
June 16, 2001. Therefore, consistent with the procedures in the FMP and 
its implementing regulations, NMFS publishes this notification to 
reopen the EEZ off Georgia and South Carolina to the harvest of brown, 
pink, and white shrimp effective 12:01 a.m., eastern daylight savings 
time, June 16, 2001.

[[Page 32780]]

Classification

    This action responds to the best available information recently 
obtained from the fishery. The June 16, 2001, reopening of the EEZ off 
Georgia and South Carolina to the harvest of brown, pink, and white 
shrimp will ensure adequate protection of the white shrimp stock and is 
necessary to avoid unwarranted adverse economic and social impacts on 
affected industry participants. Any delay in implementing the reopening 
would be contradictory to the FMP and its implementing regulations and 
contradictory to the public interest. NMFS finds for good cause that 
the implementation of this reopening cannot be delayed for 30 days. 
Accordingly, under 5 U.S.C. 553 (d), a delay in the effective date is 
waived.
    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: June 12, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-15298 Filed 6-13-01; 1:54 pm]
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