[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