Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations 28169 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120919470–3513–02] 

RIN 0648–XG294 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Shrimp 

Fishery Off the Southern Atlantic 

States; Reopening of the Penaeid 

Shrimp Fishery Off South Carolina 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reopening. 

SUMMARY: NMFS reopens the exclusive 

economic zone (EEZ) off South Carolina 

in the South Atlantic to trawling for 

penaeid shrimp, i.e., for brown, pink, 

and white shrimp. NMFS previously 

closed penaeid shrimp trawling in the 

EEZ off South Carolina on January 17, 

2018. The reopening is intended to 

maximize harvest benefits while 

protecting the penaeid shrimp resource. 

DATES: The reopening is effective at 

12:01 a.m., local time, June 13, 2018, 

until the effective date of a notification 

of a closure which will be published in 

the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Frank Helies, 727–824–5305; email: 

Frank.Helies@noaa.gov. 

SUPPLEMENTARY INFORMATION: Penaeid 

shrimp in the South Atlantic are 

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. 

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, after 

determining that unusually cold 

temperatures resulted in water 

temperatures of 9 °C (48 °F), or less, for 

at least 7 consecutive days in its state 

waters, the state of South Carolina 

closed its waters on January 10, 2018, to 

the harvest of brown, pink, and white 

shrimp. South Carolina subsequently 

requested that NMFS implement a 

concurrent closure of the EEZ off South 

Carolina. 

NMFS determined that South 

Carolina’s request for an EEZ closure 

conformed with the procedures and 

criteria specified in the FMP and the 

Magnuson-Stevens Act, and, therefore, 

implemented the concurrent EEZ 

closure effective as of January 17, 2018 

(83 FR 2931; January 22, 2018). 

During the closure, as specified in 50 

CFR 622.206(a)(2), no person could: (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. 

The FMP and implementing 

regulations at 50 CFR 622.206(a) state 

that: (1) The closure will be effective 

until the ending date of the closure in 

the state waters, but may be ended 

earlier based on the state’s request; and 

(2) if the closure is ended through a 

state’s request, NMFS will terminate the 

closure of the EEZ by filing a 

notification to that effect with the Office 

of the Federal Register. The state of 

South Carolina has requested the EEZ be 

reopened on June 13, 2018, at the 

earliest, based on their biological 

sampling. The state of South Carolina is 

continuing its monitoring of both water 

conditions and the penaeid shrimp 

population in state waters but has not 

yet determined when the state waters 

reopening will occur. Therefore, NMFS 

publishes this notification to reopen the 

EEZ off South Carolina to the harvest of 

brown, pink, and white shrimp effective 

12:01 a.m., local time, June 13, 2018. 

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). Allowing prior notice 

and opportunity for public comment on 

the reopening is unnecessary because 

the rule establishing the reopening 

procedures has already been subject to 

notice and comment, and all that 

remains is to notify the public of the 

reopening date. Additionally, allowing 

for prior notice and opportunity for 

public comment for this reopening is 

contrary to the public interest because it 

requires time, thus delaying the removal 

of a restriction and thereby reducing 

socio-economic benefits to the shrimp 

fishery. Also, the FMP procedures and 

implementing regulations require the 

penaeid shrimp trawling component 

based on the state’s request, which 

South Carolina requested to be on June 

12, 2018, or as soon as possible 

thereafter. 

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 

622.206(a) and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: June 13, 2018. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–13020 Filed 6–13–18; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 170817779–8161–02] 

RIN 0648–XF292 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Alaska Plaice in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; apportionment 

of reserves; request for comments. 

SUMMARY: NMFS apportions amounts of 

the non-specified reserve to the initial 

total allowable catch (ITAC) of Bering 

Sea and Aleutian Islands (BSAI) Alaska 

plaice. This action is necessary to allow 

the fisheries to continue operating. It is 

intended to promote the goals and 

objectives of the fishery management 

plan for the BSAI management area. 

DATES: Effective June 15, 2018, through 

2400 hrs, Alaska local time, December 

31, 2018. Comments must be received at 

the following address no later than 4:30 

p.m., Alaska local time, June 30, 2018. 


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28170 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations 

ADDRESSES: Submit your comments, 

identified by NOAA–NMFS–2017–0108, 

by either of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov/docket?

D=NOAA-NMFS-2017-0108, click the 

‘‘Comment Now!’’ icon, complete the 

required fields, and enter or attach your 

comments. 

• Mail: Submit written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Mail comments to P.O. 

Box 21668, Juneau, AK 99802–1668. 

Instructions: NMFS may not consider 

comments if they are sent by any other 

method, to any other address or 

individual, or received after the 

comment period ends. All comments 

received are a part of the public record 

and NMFS will post the comments for 

public viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender is 

publicly accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

(BSAI) exclusive economic zone 

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 2018 ITAC of BSAI Alaska plaice 

was established as 13,685 metric tons 

(mt) by the final 2018 and 2019 harvest 

specifications for groundfish of the 

BSAI (83 FR 8365, February 27, 2018). 

In accordance with § 679.20(a)(3) the 

Regional Administrator, Alaska Region, 

NMFS, has reviewed the most current 

available data and finds that the ITAC 

for BSAI Alaska plaice needs to be 

supplemented from the non-specified 

reserve to promote efficiency in the 

utilization of fishery resources in the 

BSAI and allow fishing operations to 

continue. 

Therefore, in accordance with 

§ 679.20(b)(3), NMFS apportions from 

the non-specified reserve of groundfish 

2,415 mt to the BSAI Alaska plaice 

ITAC in the BSAI management area. 

This apportionment is consistent with 

§ 679.20(b)(1)(i) and does not result in 

overfishing of this target species because 

the revised ITAC is equal to or less than 

the specifications of the acceptable 

biological catch in the final 2018 and 

2019 harvest specifications for 

groundfish in the BSAI (83 FR 8365, 

February 27, 2018). 

The harvest specification for the 2018 

ITAC included in the harvest 

specifications for groundfish in the 

BSAI are revised as 16,100 mt for Alaska 

plaice. 

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) and 

§ 679.20(b)(3)(iii)(A) as such a 

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 

apportionment of the non-specified 

reserves of groundfish to Alaska plaice 

in the BSAI. 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 

and processors. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of June 12, 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 

prior notice and opportunity for public 

comment. 

Under § 679.20(b)(3)(iii), interested 

persons are invited to submit written 

comments on this action (see 

ADDRESSES) until June 30, 2018. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: June 13, 2018. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–12977 Filed 6–15–18; 8:45 am] 

BILLING CODE 3510–22–P 


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